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This toolkit is a living document and is updated and expanded on a regular basis by the Agricultural Justice Project.

Agricultural Justice Project

Toolkit of Materials and Resources for Farmers

Revised June 7, 2011

Agricultural Justice Project Toolkit of Materials and Resources for Farmers

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Table of Contents Introduction ................................................................................................................................... 2

1.0 Hiring Labor: For Farmers as Employers ...................................................................... 4 1.1. Self-Assessment Checklist for Labor Standards for Farms ................................................. 4 1.2. Summary of Documentation Needed to Qualify for AJP Certification ............................. 14 1.3 List of Required Formalities .............................................................................................. 16 1.4. Farm-Contract Short Form Template: 2009 Farm Work Agreement ................................ 19 1.5. Three Farmers’ Labor Philosophies ................................................................................... 21 1.6. AJP Standards on Farmer Responsibilities to Workers ..................................................... 24 1.7. Conflict Resolution Guidelines: A Quick Guide ............................................................... 24 1.8. Templates for Employee handbook or Orientation Guide for Farms ................................ 26 1.9. Other Templates and Sample Forms .................................................................................. 37 1.10. Checklist to Guide Safety Training for Farm Employees ................................................. 41 1.11. Safety Rules from Gardens of Eagan ................................................................................. 44 2.0. Internships, Apprenticeships, or On-Farm Workstays ................................................ 46 2.1. Apprenticeship Handbook: Sweet Land Farm ................................................................... 46 2.2. Brookfield Farm in Amherst .............................................................................................. 47 2.3. Kingbird Farm Education Agreement ............................................................................... 54 2.4. Template for Intern/Apprentice Contract .......................................................................... 55 2.5. The Learning Experience ................................................................................................... 56 2.6. Sample Learning Contracts ................................................................................................ 57 3.0 Getting a Fair Price ......................................................................................................... 59 3.1. Resources on Calculating Cost of Production ................................................................... 59 3.2 Self Assessment Checklist for Fair Negotiations, Pricing, and Contracting between Farms and

Buyers ............................................................................................................................................72 3.3. Templates for Farmer as Seller .......................................................................................... 75 3.4. IFOAM Code of Conduct .................................................................................................. 81 3.5. ILO Conventions on Labor ................................................................................................ 82 3.6. The Universal Declaration of Human Rights .................................................................... 86 Annex 1: Reprint of Jill Krueger’s “Before you Sign on the Dotted Line…Questions for Farmers to Ask Before Entering a Direct Marketing Agreement,” 2005 .............................. 91

Partially funded by a NE SARE Farmer Grant (FNE09- 660)

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Introduction This guide, or “Toolkit” will help farmers, farmworkers, and buyers of farm products understand the process for domestic fair trade certification, and make the changes needed to qualify to use a label that meets the standards of the Agricultural Justice Project (AJP). The long-term goal of the AJP is to transform the existing unjust food system. We envision a food system that is based on thriving, ecological family-scale farms that provide well-being for farmers, dignified work for wage laborers, and that distributes its benefits fairly throughout the food chain from seed to table. As a first small step towards this ambitious goal, AJP is helping launch domestic fair trade in the United States with a social justice label. This new label will allow family-scale farms in their trade with food cooperatives and other retail outlets to distinguish their products from industrialized organic products. The standards for this label are based on the complementary principles of fair pricing for the farmer and just working conditions for farm and coop workers resulting in a win/win/win/win scenario in which workers, farmers, buyers, and ultimately consumers all benefit. Implementing this label requires the creative involvement of farmworkers, farmers, store workers and management. We are venturing into new territory and transforming relationships. Our goal is to build and maintain respectful and supportive relationships among the various parties. In this scenario, the farmer can count on a fair agreement or contract with pricing that covers the cost of production plus a living wage, and a well-trained and consistent work force. The workers on the farms and in the stores can count on stable, dignified work, and respectful and just treatment. The buyers can rely on getting high quality food products with added value. And the consumer will be able to digest food free from guilt at eating the products of an unjust and unecological system. This toolkit has separate sections for farmers as employers and as sellers, and includes the international labor conventions and the Universal Declaration of Human Rights on which the AJP standards are based. We offer templates for the documentation necessary for verification of farm labor and trade practices in a certification process. Conflict Resolution Process To ensure fairness for all involved in this label, we are setting up a conflict resolution process that will function at every level: between farmers and farmworkers, farmers and buyers, store workers and management, and stores and consumers. Step 1: Within farm or store - attempt to resolve problem between parties directly involved. Step 2: Use the services of the nearest Center for Dispute Settlement. Step 3: Appeal to the AJP board conflict resolution committee Step 4: Final arbitration by an impartial and respected ombudsperson.

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Fair Farming is Sustainable Business For a farm to be sustainable, the farm needs a steady, well-trained labor force and the products of the farm must bring a price in the marketplace that covers the cost of production, plus a living wage for the farmer, money to do repairs and maintenance, to pay for continuing education for the farm staff, and to make improvements to the farm. Many family-scale organic farmers have the best intentions, but under the day-to-day pressures of farming, do not take the time to learn all the relevant laws and regulations, and to document their well-intentioned practices. The purpose of this tool kit is to provide the concrete information and documentation a farmer needs to live up to the claim of social justice. Without some documentation, verification for the purposes of certification or of a participatory guarantee system is not possible. If a farmer cannot afford to pay a living wage to employees because of financial difficulties, the farm can still qualify under these standards if the farm is willing to share its financial information with the employees. The farmer does not need to reveal all the details of his/her personal finances, but can show employees the farm budget and receipts. This is particularly valuable in relation to apprentices/interns who are exchanging their labor for learning farming skills. Learning about managing farm finances is as important as learning to drive a tractor. Helpful resources: 1. ATTRA booklet, “Keeping Your Employees Happy and Your Production Profitable,” Sept. 2008. 2. Thomas R. Maloney, Kristine T. Petracek, “Writing an Employee Handbook: A Guide for Farm Managers,” Cornell, 1994. 3. Elizabeth Henderson, Karl North, “Whole Farm Planning,” NOFA, 2004.

Agricultural Justice Project Toolkit of Materials and Resources for Farmers: 1.0: Hiring Labor.

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1.0. Hiring Labor: For Farmers as Employers 1.1. Self Assessment Checklist for Labor Standards on Farms (revised July 2010) This checklist is designed as a tool to help farmers run through the AJP labor standards (on the left) to see if they are already in compliance and to identify the areas they may need to work on prior to seeking certification to the AJP standards. This does not include standards regarding farmer responsibilities to buyers. A self-assessment checklist of negotiating for a fair price with buyers is included in section 3.2 of this toolkit. Examples of the types of documentation that are likely to demonstrate compliance with the standards are listed on the right; however, adequacy of documentation is ultimately up to the certifier who may request additional documentation. AJP farmer toolkit provides a template for many of the policies to be documented.

AJP Labor Standard √ Examples of Documentation

Labor Rights for Workers (and Interns) 1. Are you willing to respect your employees' right to Freedom of Association and related rights? This refers to the right of workers to raise work-related concerns, negotiate terms of their employment, and lodge complaints or grievances without any employer reprisals. This can be on an individual basis, in small groups, or collectively. It can be informal, such as workers simply coming to the employer or supervisor with concerns or requests, or formal such as unionization and related collective bargaining, or anything in between - all based on the wishes and decisions of the employees themselves.

-This must be stated in written employment contracts provided to employees or in farm personnel manual that acts as an employment contract.

2. Organizations assisting workers are not barred from visiting workers or interns during non-work times.

3. Grower negotiates contracts and changes in contracts or working conditions in good faith with any employee (if there is only 1), with any group of employees who choose to bargain collectively, or any democratically elected employee representative if employees choose this form of negotiation.

4. Grower has developed a multi step conflict resolution process which includes as a last step the option to use the AJP appeals process and grower has outlined process during training and orientation of workers.

-Conflict resolution process outlined in written employment contracts provided to and signed by workers and/or in farm policies

5. Grower’s conflict resolution process for workers and interns is translated into their native or accessible language.

-Written translation of employment agreement and farm policies if workers need

6. The employment agreement for workers includes stated penalties for cases when grievances filed by workers are not handled in a speedy manner or that are not handled in good faith.

-Included in written grievance policy in farm policies and/or written employment agreement.


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7. All farm employees receive a written employment contract that outlines: -location and conditions -type of work, -work expectations/employee responsibilities, -hours, rate, payment method and schedule, -if overtime is required and overtime rates, -employee rights including right for employee to negotiate as a group -right to access to trade unions, -that disputes will be handled in a speedy fashion with imposition of penalties for actions conducted without “good faith,” -leave for sickness, family emergencies, maternity and paternity (paid or unpaid) -complaints/conflict resolution procedures - health and safety procedures, -disciplinary policy and procedures, -compensation for injury, -worker’s right to terminate the employment -layoff and recall policies and criteria, -workers’ right to recover unpaid wages or other payments due in case of farm bankruptcy, -optional benefits such as pensions, holiday pay, profit sharing, sick pay etc.

-Written employment contracts.

8. Employment agreements/contracts with workers are in worker(s) native or accessible language.

-Translated written agreement/contract if workers need.

9. Employment agreements/working conditions have been presented to workers orally.

-Sign in sheet for verbal presentation with workers’ signatures or statement in employment agreement that worker signs that states they have received this information verbally

10. Workers are allowed to have a representative of their choosing present during discharge or disciplinary action.

-Farm could have disciplinary action form that is filled out during disciplinary action meetings that is signed by employee and representative and could include statement the worker understands their right to have representative present and/or right is stated in written farm policies and/or written employment agreements.

11. Farmers give special consideration to employees who are parents when there are overtime requirements.

12. Farmers have employment file on each employee that includes: -wages/compensation package -performance reviews -disciplinary action taken (if applicable) -dates of work (for seasonal workers)

-Farm records confirm.


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13. Employees have access to their own file upon request

14. Regular meetings are held during paid work hours.


15. Workers were trained by farm management or a qualified organization (see AJP standards) on: -their rights per the AJP standards and received AJP workers’ pamphlet, -their legal rights as farm employees And Workers were provided with an opportunity to ask questions on these topics. Oral presentation must be provided when needed for workers without sufficient reading skills to understand written materials.

-Sign in sheet for worker trainings

16. Grower does not discriminate against any employee or prospective employee, in hiring, wages, benefits, or any other capacity, on the basis of race, creed, color, national or ethnic origin, nationality, gender, gender identity, age, handicap or disability (including HIV status), union or political activity, immigration status, citizenship status, marital status, or sexual orientation.

-Stated anti-discrimination policy included in hiring announcements, employment agreement or documented farm policies. -Employment records (who is hired, tasks assigned, working conditions, positions, responsibilities, etc.) do not demonstrate discrimination.

17. Grower treats employees with dignity and respect. Grower does not engage in or allow physical, psychological, verbal, sexual harassment or abuse against any worker or intern on farm.

-Stated in written farm policies and/or in written employment agreement with stated disciplinary consequences if violated on the farm.

18. Grower provides employees with regular performance reviews.

-Employee records confirm with copy of evaluation.

19. If grower uses recruitment agencies, they must be in compliance with legal requirements.

20. Grower hires workers directly (not through a labor contractor) OR -Grower seeks variance (submitted to certifier) to labor contractor restrictions and seeks to work with agricultural worker organization first to fill labor needs. -If no agricultural worker organization can fill labor need, grower submits request to certifier to use an AJP compliant contractor who is willing to be audited with farm with annual justification of continued use.

-Farm records indicate direct hire. OR - Documentation in farm records of attempt to work with agricultural worker organization. -Documentation in farm records of request/justification to certifier.


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21. Growers who experience emergency needs for labor that result in use of a non-AJP compliant/audited labor contractor, submits explanation to certifier of situation, labor contractor used, labor used, timeframe and a plan for avoiding such emergency use of non-compliant labor contractors in the future.

-Documentation on farm of submission to certifier of necessary explanation and plan to avoid use of such labor contractor in future emergencies.

22. Grower does not engage in forced labor (which includes withholdings from pay, extortion or threats).

23. Grower does not require spouse or domestic partner to work on farm as a condition of employment.

24. Spouses and domestic partners do not supervise one another.

25. Grower does not use any voluntary program for obtaining workers that prevents full compliance with AJP standards (e.g.h2A, h2B) unless requested by workers themselves

26. Employer does not hire and fire workers or engage in sub-contracting, independent contractors, homeworking, or ongoing apprenticeships to avoid regular employment.

-Employment records confirm.

27. Negotiations with independent contractors are in good faith with contract including: -timeframe of work -fair pay -payment method -deliverables -terms of terminating contract -resources to be provided -resources contractor is to provide -additional benefits -explicit anti-discrimination clause per AJP

-Written contract confirms.

28. Grower is in compliance with all federal, state, local laws covering working conditions, health and safety, and terms of employment.

29. Grower has not terminated without cause any worker during the past year.

-For any involuntary terminations farmer has documentation of reasons and process used and has documented steps leading up to termination such as with disciplinary action form signed by worker.

30. Workers who have been disciplined or discharged unjustly (discovered through conflict resolution process) have been reinstated or offered a mutually agreeable severance package).



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31. Workers have the right to terminate employment without restriction.

32. Information on worker rights under AJP and contact information for local or region worker advocate groups and AJP sponsored worker groups are posted in plain sight of workers alongside other required postings.

-Visible upon audit visit.

Labor Standards for Minors (workers under 18) Not applicable/no minors working on farm

33. Workers under 18 years old do not work full time (exception allowed in certain countries/circumstances-see AJP standards).

-Timesheets for workers under 18 confirm.

34. Workers under 18 years old are not kept from school to work (exception allowed in certain countries/circumstances-see AJP standards).

-Timesheets for workers under 18 that show work hours are not during school hours and/or attendance records from school.

35. Workers under 18 years old are not exposed to hazardous materials or situations (such as night work) or to heavy machinery.

-This restriction could be stated in employment agreements with minors.

36. Minors are supervised carefully. -Careful supervision of minors is included in specific job description of supervisors.

37. Grower facilitates children of workers attending school.

-This could mean work hours are adjusted to allow parent employees to drop off and pick up children from school or arrange for school buses to stop at farm for employee children who live on farm, etc.

38. Grower provides childcare for children of employees who live on farm while their parents are working or wage/benefit package is sufficient to pay for childcare.

-Documented in compensation package.

Wages and Benefits for Workers 39. Grower does not pay piece rate. If piece rate is paid, it must be phased out and while in transition to phasing it out, payment through piece rate must be equivalent to hourly rate that is in compliance with living wage requirements (see below).

-Work hours and pay rate equate living wage is earned/hour. -Over time, less and less piece work is paid. -Employees confirm both.


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40. Grower pays all workers a living wage through complete compensation package (living wage varies by region, but should cover nutrition, clothing, health care, education, potable water, childcare, transportation, housing and utilities plus savings of 10% and access to culture and recreation). Grower can count fringe benefits towards living “wage.” If living wage is NOT paid, see questions below.

-Employee agreement states wage and benefits and grower explains living expenses that are covered by wage and benefits package. Grower may use living wage guidelines (for example, Pennsylvania State University developed a living wage calculator for the US http://www.livingwage.geog.psu.edu/), but grower should carefully assess if external living wage calculators define living wage the same as AJP and adjust accordingly.

40.a. If grower does not pay workers living wage, grower has documentation of inability to pay a living wage (including financial records).

-Farm budget or most recent profit and loss statement. Farmer does not need to reveal personal financial information.

40.b. If grower does not pay all workers a living wage, grower has provided the documentation of inability to pay a living wage to all workers.

-Documentation options include a farm meeting with workers to outline farm financial constraints and how it impacts wages and benefits, or farmer shares farm profit/loss statement from previous season.

40.c. If grower does not pay living wage, actual wages paid to workers are higher than prevailing wage in the region for similar work.

-Prevailing wage documentation to compare with payment records for employees.

40.d. If grower does not pay living wage, wages were determined through negotiation process.

40.e. If grower does not pay living wage, there is a plan developed with employee input that will lead to eventually paying a living wage.

-Written plan to eventually pay living wage with details for executing plan, such as timeline or sales and profit criteria.

40.f. If grower does not pay living wage, this plan includes a way to measure progress towards goal of paying a living wage.

-Should be documented in written plan to eventually pay a living wage, also from year to year wages should increase according to plan.

40.g. If grower does not pay living wage, actual wage is at least equal to prevailing wage and if lower it is justified and temporary.

-Wage payment records indicating temporary nature plus justification of needing to pay wage lower than prevailing wage.

40.h. If grower does not pay living wage, ratio between lowest paid and highest paid workers is not greater than one to eight.

-Payment/wage records for all employees, including managers and owners confirm.

40.i. If grower does not pay living wage, worker wages have increased as profits have increased.

-Wage/payment records showing that wages for all workers have increased over time as compared to profit increases (if profit has increased).

41. Employees have opportunities to participate more in management and take on new responsibilities over time and their pay and benefit package reflects this.

-Changes in job descriptions and compensation package of individual employees.

42. Paystubs show wage rate, legally required deductions, and other agreed upon deductions.

-Pay stubs confirm.


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43. All workers receive workers compensation, disability, and unemployment. If farm is exempt from legally providing workers’ compensation AND it is not available for a reasonable cost, farmer must provide an alternative that would cover workers if they are injured on the job.

-Paystubs with deductions documented. -If workers’ comp not required and not available, some home owner insurance policies cover workers on farm for reasonable rate if injured. This would be one acceptable alternative.

44. All employees have sick leave and maternity or paternity leave (paid or unpaid).

-Indicated in employment contracts.

45. Employees are never required to work when ill or be disciplined for missing work when ill (grower can require notification or verification of serious illness).

46. Employers abide by all labor overtime laws. 47. Workers are given the options to rest one day of every seven.

-Timesheets confirm.

48. Workers are paid for times when work is cancelled for reasons beyond their control (except when there is adverse weather).

49. Work over 48 hours/week is voluntary. 50. Grower has overtime policy negotiated with workers.

-Overtime policy included in employment agreement/contract and/or farm policies.

51. Grower attempts to provide paying work during times of adverse weather.

52. Grower has a seniority policy.

-Seniority policy is flexible and left up to the grower. It could be that as employees work cumulative years or seasons on the farm, they receive raises or additional leave days or other benefits. It does not mean that employees with more years on the farm must be paid more regardless of ability, training, experience or work ethic. It just means there must be consideration of seniority, but not that it is the only factor.

53. Grower pays equally for equal work (allowing for seniority and merit based pay differentials).

-Wage/payment records and positions and years of experience on farm, merit differences justified by documented annual reviews of work for each employee.

54. Grower has a policy and practice of hiring the same seasonal workers year after year.

-Seasonal workers have more than one year of work experience on farm, farm able to show employment contract for several years for same seasonal workers.

55. Grower does not make unfair deductions and withholdings from pay and does not withhold pay as a disciplinary action.

56. Grower pays regularly on fixed days and no less frequently than every 2 weeks (except when employees request less frequent payments).

-Pay stubs confirm.


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57. Workers receive pay record that shows rate of pay, hours worked, period of payment, deductions, overtime worked and net amount due.

-Employee pay stub confirms.

Housing Standards for Workers and Interns Not applicable/no housing provided

58. Employee and intern housing conforms with all legal requirements.

59. Housing is weather proof, solid, spacious enough to fit number who live there, has lighting, electricity, potable water, toilets, and cooking materials, a place for recreation, and temperature can be maintained between 60 and 80 degrees).

60. Housing has fire escapes or well marked exits and fire extinguishers.

61. Residents may have any visitors they want during non-work hours provided visitors are respectful of property and noise limits.

-In farm policies.

62. Residents have privacy and are given notice when farmer or farm staff must enter housing for maintenance or inspection. (except in emergencies)

-In farm policies

63. There is a buffer zone between housing and where hazardous materials are applied or stored. (Farms who do not use hazardous materials are exempt.)

-Observation by auditor.

64.. Workers are charged fair rent that is not higher than the market rate for equivalent housing in region and that takes into consideration aim of paying a living wage.

-Documentation of market rate for similar housing and payment records for rent payments.

65. Wages are sufficient to justify charging rent (given aim of paying a living wage).

-Wage/payment records and rent payment records.

Health and Safety on the Farm 66. Grower maintains a safe and sanitary work environment and has a health and safety plan that demonstrates commitment to safe environment and preventing accidents and reducing accident rate.

-Documented health and safety plan.

67. Farm has safety equipment including first aid kit and area for eye washing.

68. Indoor work areas have lighting, heating, ventilation, proper fire exits, escape routes, firefighting equipment, and fire alarms.

69. Electrical equipment wiring and outlets are properly placed, grounded and inspected regularly.

70. Transportation is safe and legal. 71. Employees are not sent to work in dangerous conditions (lightning, extreme heat, etc.)

-This could be recorded in daily work log that includes weather.


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72. Employees are not pressured to lift objects that are unsafe (too heavy or improperly).

-Farm health and safety plan has instructions for proper lifting. -Employee training documents include proper lifting techniques.

73. Employees are encouraged to make suggestions for improved health and safety on the farm.

-Employees are provided opportunities to provide input on health and safety practices which might include regular meetings, suggestion boxes, health and safety checklist development.

74. Grower conducts a health and safety training for all workers and interns that includes: -EPA Worker Protection Standard, -proper lifting and weight limits, -ergonomics. -Use of protective gear and equipment. -Information on toxic materials (including label information) -Workers performing specific hazardous tasks such as tractor/equipment use have additional training in safety.

-Sign in sheet for health and safety trainings showing issues/topics covered in training and signed by workers in attendance.

75. Workers have access to label information at all times for toxic materials (if applicable).

-Labels filed for all substances used on farm.

76. Farm employees have access to medical care and farmer assists in transporting workers to medical care when accidents occur.

-Accident records indicate medical treatment follow up.

77. Grower provides workers’ compensation or other medical coverage for accidents and facilitates workers filing claims.

-Farm records.

78. Grower/managers require workers to take breaks for rest, water, and use of sanitary facilities.

79. Workers and interns have access to sanitary facilities when doing field work (e.g., in the US OSHA standards is within quarter mile or 15 min walk or for short periods of work in distance fields, access to transportation to sanitary facilities at all times).

80. Grower provides clean water for consumption and hand washing for workers and interns.

81. If grower requires uniform, it is provided free of charge.

82. Grower provides (free of charge) protective gear and clothing for workers who use hazardous materials and a place for workers to wash and change with lockable storage facilities.


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83. Farm has a low injury/accident rate compared to other similar operations in region. Grower keeps accident records for 5 years. If accident rate is high, grower has a plan to lower accident rate by considering hours worked by employees, equipment maintenance, training needs, and supervision.

-Records maintained. -Records show low accident rate. -Plan outline (if necessary).

84. If farm has more than ten workers or interns, grower maintains a health and safety committee with democratically selected worker representatives. This committee: -meets regularly and -has access to all relevant documents and information (preserving privacy rights of employees)

-Minutes from health and safety committee meetings and/or sign in sheets and/or agenda covered.

85. If farm has less than 10 workers or interns, grower meets regularly with workers to discuss health and safety issues on the farm and encourages their involvement in keeping farm safe.

-Documentation of meetings can include agenda or minutes of meeting signed off by both farmer and worker(s) present.

86. If workers are exposed to hazardous materials they have regular medical exams paid for by grower.

-Employee records (if applicable).

87. Farm is certified organic OR If not certified organic, farm meets criteria for non-certified farms outlined in AJP standards.

-Organic certificate. -Documented plan with steps to follow and timeline. -Progress towards plan.

88. If worker is injured on farm, grower makes every effort to give them work they can do and comparable pay or if injury prevents grower facilitates workers’ compensation or equivalent alternative.

89. Workers can choose doctors they want to be treated by.

90. Pregnant employees are not exposed to hazards. Interns and Apprentices

Not applicable/no interns on farm 91. Interns are provided with a fair stipend (at least minimum wage) to cover living expenses (interns are exempt from living wage standard in order to compensate farmer for providing instruction).

-Wage records.

92. Grower creates intern program with sufficient educational opportunities for interns (in other words, they are not just labeled as interns to avoid paying a living wage).

-Intern learning agreement includes list of topics to be covered and methods (e.g., could include hands-on, classroom, exchange visits, conference attendance, etc.).


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93. Interns benefit from all other standards for employees (other than living wage).

-Documentation for labor standards above is evident for interns. For example, if farm uses sign-in sheets for the legal rights, AJP standards, and health and safety training; interns should be in attendance at these trainings and sign sign-in sheet and intern contract or agreement and intern contract or agreement includes all conditions and terms as outlined for employee contracts above.

94. In addition to other conditions covered in intern contract (as outlined in employee section), intern agreements/contracts contain methods for mutual evaluation or regular feedback at the end of the internships.

-Mutual evaluation process included in written agreement/contract and/or a document outlining issues discussed in evaluation and points for improvement/commendations signed by both intern and farmers after evaluation.

Continual Improvement 95. Grower has selected one area in terms of labor practices to work on for continuous improvement and has made progress over time.

-This can be a continuing improvement point outlined in the standards or an area identified by the farmer as fitting the principles of the standards labor section. Documentation of efforts made and if it did not succeed, documentation of why it was not successful or was slower than anticipated and adjustments made to the farm’s continuing improvement efforts.

1.2. Summary of Documentation Needed to Qualify for AJP Certification The detailed checklist above provides a point by point outline of the labor standards for farms. It makes suggestions for the types of documentation that would demonstrate compliance. This section overlaps considerably with the checklist, but attempt to make a consolidated summary of the farm documentation needed to qualify for AJP certification. 1. New employee/intern packet including:

A. Employment contract with terms and conditions including: job description (location and type of work), work expectations/employee responsibilities, working conditions, including hours of work and overtime requirements and rates, payment schedule, wages, method of payment, employee rights including right for employee to negotiate as a group and to meet and discuss working conditions (freedom of association and collective bargaining) and right to access to trade unions, statement that disputes will be handled in a speedy fashion with imposition of penalties for actions conducted without “good faith,” rights and responsibilities, sick leave and vacation leave and family emergency leave, complaints procedure/conflict resolution procedure as outlined AJP standards, health and safety procedures, disciplinary procedures, compensation for injury, other benefits such as pensions, maternity/paternity leave, worker’s right to terminate the employment, layoff and recall policies and criteria, workers’ right to recover unpaid wages or other payments due in case of farm


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bankruptcy, and optional benefits (if applicable) such as holiday pay, sick pay or sickness benefit.

B. Intern contracts, in addition to all applicable terms listed above, must include method for mutual evaluation, stipend amount, housing if provided, learning opportunities to be provided by the farm including subject matter and educational approach.

C. Farm personnel policies: such as seniority policy and other policies farmer may want to include.

D. Housing rules and agreement E. Safety policies and plan for farm: on larger farms (10 or more employees or interns),

there should be a safety committee records, on small farms, documentation of farmer and workers talking about safety issues.

F. Process for reviewing employees’ work at regular intervals 2. Employee files: Each employee file must include wages and other remuneration,

performance reviews, and any disciplinary actions taken. Written notice of lay-off provided to employee (if applicable) and last paystub with date. This applies to seasonal workers as well and in such cases file will include duration of employment for all seasons worked. Records of annual medical exams provided by employer for workers who are exposed to hazardous materials.

3. Employee wage payment receipts/stubs including wage rate and all legally required deductions (which includes worker’s compensation or an alternative compliant with the AJP standards) or other mutually agreed upon deductions, for instance for employer-provided housing. Pay stub must show payment no less frequently than every 2 weeks. Records of payments to employees include rate of pay, hours worked, period of payment, deductions, overtime worked and net amount of wages.

4. When not paying a living wage: Farmer must have documentation of inability to pay a living wage, documentation that costs of production and financial records indicating this inability has been shared with employees, and a plan to reach a living wage that has been developed with worker participation.

5. Recording indicating hourly or salary-based pay system (not piece work, which must be phased out).

6. Time sheets (demonstrating compliance with standards on minors not working during school hours and overtime limits).

7. Records of accidents for the past 5 years. If accident rate is higher than average: documentation of explanation of high rate to certifier and a plan to lower accident rates that includes hours worked by employees, equipment maintenance, training and supervision.

8. Documentation of continual improvement as necessary based on area of improvement selected by farm.

9. Complaints file with all previously filed complaints and outcome/response. 10. For organic farms: Organic certificate plus list of allowed materials used and if toxic

materials used: documentation that farm meets least toxic alternative per bio-intensive IPM criteria and a plan to reduce use of hazardous materials.

11. For non-certified organic farms and non-organic farms: Documented clarity of why not certified organic and list of USDA organic regulations not followed including USDA prohibited organic crop protection materials used and documentation that farm meets least toxic alternative per bio-intensive IPM criteria and a plan to reduce use of hazardous materials.

12. If labor contractors are used: Documentation of notification of certifier of need for labor contractor, documentation of attempt to work with agricultural workers’ organization for


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labor needs, request to certifier to use AJP compliant labor contractor. If labor contractor is used for emergency work: Explanation submitted to certifier that include details of emergency, the contractor and labor used, timeframe contractor labor was used, and plan for avoiding use of labor contractor for emergencies in the future.

1.3 List of Required Formalities: What You Need for Having an Employee on a Farm A NYS farmer made up this list of the paperwork the farm needs to do if hiring employees. While some of the requirements vary from state to state (see NESFI “On-Farm Workstays Project” for other NE states), the federal requirements are the same for all states. 1. Personnel records must be kept

A. Includes Federal Form I-9 B. US Form W-4 (filled out annually) C. Signed work agreement to comply with NY Minimum Wage requirement

2. Payroll records include records of hours worked. For NYS rules must pay weekly or in full after 2 weeks

3. Must have Federal Employer Identification Number (EIN) 4. For new hires and new employer NYS 1-877-698-2910

A. NYS 50 publication and NYS-1, NYS 45, Pub 20. B. Register with NYS Department of Finance over the phone if you are exempt from

Unemployment and after the first quarter (April 1) if you only have a seasonal employee. (https://uiereg.labor.state.ny.us/eRegWeb/eRegInitialPart1.html)

5. Wages- If total farm wages paid annually are under $3000 then farm is exempt from paying the state minimum wage ($7.25) but must pay the federal min. wage ($7.25 hr). As far as I can see in no way are we exempt from Fed min wage- there is no NYS lower farm wage (and we would not qualify because our employee does non-ag work (see below). This means we still have to pay overtime. If the employee is doing ag-work only (e.g. greenhouse worker) then we probably qualify for the 500 man day exemption from the FLSA and as a small farm don’t have to pay fed min wage or overtime (NYS Part 190 of title 12 of official compilation of codes, rules and Regulations (http://www.labor.state.ny.us/formsdocs/wp/PART190s.pdf)). As a general rule “agricultural work” is a very narrow definition but can vary from state and federal definitions (e.g. milking a cow is ag work but making cheese is not). Limiting an employee to only ag work then permits many exemptions but would be hard for us to comply with since we want our employee to process herbs, process chicken, do market, sell on farm, etc.- all non-ag work.

6. State tax withholding- depends on how many exemptions employee declares on W-4 and comes out of the paycheck and is reported quarterly on NYS-45

7. Fed tax withholding- depends on how many exemptions employee declares and come out of the paycheck and is reported quarterly on IRS form 941

8. Soc. Security withholding- 6.2 percent withheld from employee and then we have to match that. Non-ag wages is reported quarterly on IRS form 941. Ag wages are reported annually on IRS Form 943


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9. Medicare withholding- 1.45 percent withheld from employee and then we have to match that. Non-ag wages is reported quarterly on IRS form 941. Ag wages are reported annually on IRS Form 943

10. Reporting of wages and witholding- An Annual W-2 has to be completely by January 30th each year.

11. NYS unemployement insurance (4.1%)- must be paid by employer. Generally if the employee is doing “Ag work” then UI only has to be paid if there is over $20,000 payroll per quarter (http://www.labor.state.ny.us/ui/PDFs/ia31811.pdf). If employee is doing non-ag work then UI has to be paid if payroll is over $300 per quarter. From letters back and forth with NYS we have determined we should split the non-ag and ag wages for a single employee. Quarterly we submit NYS-45 with UI only paid on the non-ag wages.

12. Federal unemployment- we annually file IRS Form 940 and only pay Fed UI on the non-ag wages. The same state regulations apply.

13. Workers Compensation- Farm laborers are covered by the Workers' Compensation Law if the employer paid farm workers cash wages of $1,200 or more in the preceding calendar year (http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/workcomp.shtm) see also (http://www.wcb.state.ny.us/) http://www.wcb.state.ny.us/content/main/Small_Business/employer_handbook.pdf. If your employee does any non-ag work you have to have workers compensation (there are no exceptions). Workers compensation is available privately and from NY State. NYS Farm Bureau gives the best deal for Farmers.

14. Disability Insurance- Small Farms programs and Farm Bureau says farm labors do not have to carry disability insurance but if employees are doing any non-ag work then they have to have it. (http://www.wcb.state.ny.us/content/main/DisabilityBenefits/Employer/ introToLawInclude.jsp) Disability insurance is available with your workers compensation insurance.

15. Posting A. Notice of workers comp insurance- provided once we get WC B. Notice of Disability insurance- provided once we get DI C. Unemployment Insurance (if covered/ required) D. Notice of Fed and State Min. wage E. OSHA poster and OSHA Log (safety records) F. Equal Employment Opportunity poster G. NYS Human Rights poster H. Employee Polygraph Protection I. Right to Know- NYS Department of Health J. Uniformed Services Employment and Reemployment Rights Act


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1.4. Farm Contract Short Form Template: 2009 Farm Work Agreement Employer: ____________________________________________________________________ Farm address: _________________________________________________________________ Phone number: ________________________________________________________________ Employer ID number: ___________________________________________________________ Work location: Farm buildings and fields at _____________________________________ Road Type of work: _________________________________________________________________ Example: Organic vegetable production: greenhouse production of seedlings; application of soil amendments; transplanting; direct field seeding; weeding; spraying of amendments and pest controls approved for use on organic farms; harvesting, washing, and packing of produce; supervision of CSA members and other volunteer workers; mowing of grass and field edges; maintenance of field edges, hedgerows, and wood lots; operation of tillage equipment as per skill level/desire of individual employee Period of employment: __________________________________________________________ Wages and hours: ______________________________________________________________ Example: $8.40/hour for 35 hours per week Overtime: any hours over 48 hours a week is considered overtime and is voluntary. Pay period: Weekly on __________________________________________________________ Deductions: Withholdings for Federal and state income taxes will be deducted according to your W-4 Withholding Allowance Certificate. __________________________________ Farm will pay your half of Social Security and Medicare taxes. This amount will be added to the total wages paid and reported in Box 1 of your W-2 Wage and Tax Statement. Boxes 3 and 5 of your W-2 (Social Security and Medicare Wages) will show actual wages paid. Housing and food: Housing is provided at ___________________________________ (address). Food:________________________________________________________________________ Example: You provide your own food. During growing season, you may take produce from the farm for personal use. If you stay until the end of the season, you may also take storage produce for the winter if the farm has produced a sufficient amount during the growing season. Benefits: _____________________________________________________________________ Example: Farm pays for you to attend local farming workshops.


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Time off: _____________________________________________________________________ Example: You may arrange personal time off during the growing season with advanced notice to the employers. You are not expected to work when sick. Workers’ Compensation Insurance: Provided by ______________________(name of company) Policy Number:________________________________________________________________ Contact: Workers’ Compensation Board,_____________________________________(address) Unemployment Compensation Insurance:____________________________________________ Probationary period: the first two weeks are a probationary period during which you may resign without cause and the employer may ask you to leave without cause. Conflict resolution: in case of a conflict with other workers or the farmer. Step 1. Try to resolve the conflict with the people involved right away. Agree upon a resolution. (If the conflict is with the employer and cannot be resolved at this point go to Step 5.) Step 2. After some time, check in with each other to see how the resolution is going and adjust as needed. Step 3. If this process does not work, ask a mutually selected third party to mediate a resolution. Step 4. If more assistance is needed, explore other solutions with the help of the farmer. Step 5. Arrange for a mediation with a Center for Dispute Settlement. Step 6. If this does not resolve the problem, appeal to the Agricultural Justice Project Board Conflict Resolution Committee. Final appeals can be made by either party to an impartial and respected ombudsperson participating in the Agricultural Justice Project. Should the final appeal call for the reinstatement of the employee, the farm has the option of offering a severance package that is mutually acceptable. Employees have right to recover unpaid wages or other payments due in case of farm bankruptcy.

Freedom of Association: The Employer recognizes the right of its employees to freely associate, to democratically elect representatives or to unionize if they so wish, or otherwise engage in individual or collective bargaining with the Employer for the purpose of negotiating terms of employment. Unacceptable behavior: no use of drugs or alcohol, no sexual harassment, no violence. Name of Employer Name of Employee

Signature of Employer Signature of Employee

Date Date

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1.5. Three Farmers’ Labor Philosophies We live out our values in the way we farm and the way we deal with the people who work with us. Below three thoughtful farms articulate the ethics underlying their approaches to hiring farm labor. The two of these farms are not unionized, one is. The choice of whether a union is appropriate for a farm or not should be made freely by the farm workers and the farmer. Fair working conditions do not depend on unionization, rather – on the attitudes and behaviors of the farmers and their employees. Example #1. From Klaas and Mary-Howell Martens: I have no written contracts with our employees at the farm. My ‘contract’ is a living one with our helpers. It is passed down from my parent’s example of how to deal with hired labor. Their ideas were partly the lessons they learned by doing and partly a rejection of the system they had lived under in Europe. Food: Traditionally, farm workers were not allowed to eat with the farmer’s family but had to eat by themselves in the barn or in a hallway. That established a relationship and class distinction that sent a strong message to all involved. I think it was a particularly bad lesson for the children of the farmers. The farmer and family ate better food and in a more comfortable setting despite the fact that the workers’ labor helped produce that food. Unfortunately, today many employees are more comfortable eating lunch at restaurants or in a lunch room rather than with their employer. That choice though, needs to be made by the employees and they should be told that they are welcome at the employer’s table. Also, they should feel entitled to take food home from the farm for themselves and their families. This is particularly true on farms that grow fruits and vegetables but should include anything the farm grows. Our helpers get part of a pig in the fall and are offered milk. It’s ironic that so many large farms today don’t produce anything that can be eaten. (even raw milk is off limits for many) We have found that our migrant help is more comfortable sharing food with us than our local helpers are. Labor: While we divide jobs and not everyone can do every task, it is important that work is divided fairly and that the farmer and family take their share of the dirty work and less desirable jobs. Like with food, labor should not create a class distinction. I feel that I need to work harder than I expect those who work for me to work. Producing food is a team effort. We count on each other and must earn each other’s respect and trust. Employees hold each other accountable for their work.

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Management: When we hire someone, we hire more than just a pair of arms and legs. We hire the whole person. We try to discover the talents people have and let them develop those gifts. People should be recognized for their abilities and helped to develop them. While I have the ultimate responsibility for management, employees are encouraged to figure out how to do things better and to make observations, and to innovate. The goal is to do the best job possible more than to just follow instructions. Teaching/learning: Employees are encouraged to learn new skills and to teach each other the skills that they have. We teach them not just how to do things but also why. We are all learning all of the time and everybody (including myself) has something to teach and lots to learn. Compensation: We pay very competitive wages and offer modest health insurance and retirement plans. Employees recognize that their labor has to yield enough income to the farm to cover wages plus a profit. We recognize that profits must be shared fairly with those whose efforts produced them. By working together, we can generate more than each of us could by working alone so we all benefit. We (the owners live comfortably but modestly and do not maintain a much higher lifestyle than our employees. We feel it is important to share some of our good fortune with the rest of our community in the form of money, help, leadership, and cooperation. Example #2. From Jim and Moie Crawford: My philosophy as an employer, in a nutshell, is that the people are by far the most important part of our puzzle. Our labor expense is our biggest AND most manageable one, by far, and efficiency and productivity are therefore by far the most strived-for economies. To that end, we know it is in our best long-term interests (and our best hope for sustainability) to compensate well, to spend a lot of effort at recruitment and a lot of expense at retention, and to keep morale as high as possible by being fair, by providing good training, challenging responsibilities, advancement, good working conditions, good living conditions, etc. As a result of all this, we do have good retention and we attract serious, committed, hard-working people, many of whom come to us with some experience. And they are the reason for our strong profitability (since ten years ago, anyway.) My message to younger growers, as you might guess, is: Hiring labor is not a luxury--it's what makes us profitable. NOT hiring labor is the luxury. And we don't compensate like this out of generosity or because we're wealthy. It's because it's in our own long-term selfish interests, and in the interest of sustainability, to have smart, motivated, professional employees who want to stay with this occupation because it can afford them a decent living. The cycle which is so common--find altruistic young people who will work hard for almost nothing, burn them out in a year or two, and go find some more--is not sustainable.

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Example #3. From Swanton Berry Farm: It takes dozens of talented people to achieve our goal of producing and delivering the best food possible within hours of harvest. Many on our team have been with us for years, and we count on their experience and dedication. The dignity of farm labor is a founding principle of Swanton Berry Farm. From the beginning, we wanted to present our customers with a product produced under the best working conditions possible. What would be the point of farming organically if the workers were underpaid, over-worked, or treated without respect? Just carrying the California Certified Organic label did not address these important issues. We are proud that Swanton Berry Farm was the first organic farm in the US to sign a contract with the United Farmworkers of America AFL-CIO and to carry the Union label. The Unionization of our employees formalizes the professional relationship we have with our employees as co-partners in our joint effort to produce the best strawberries available anywhere. We have an extensive written contract which spells out many protections and processes which are important to our employees. And it gives them the best pay scale in the industry, a medical plan, a retirement plan, vacation pay, and holiday pay. Additionally, we pay at an hourly rate (rather that a piece rate) so that our employees don't scramble so fast that they risk permanent damage to their bodies in the rush to make a few more dollars in the day.

We give unlimited time off for employees to take care of their children's needs. During any given day, one or two or three employees will leave for a while to take care of some family business. This package of benefits naturally raises the cost of our strawberries, but we feel that our customers will be happy to pay a little more knowing that our workforce is treated fairly.

Another important factor is protecting the physical health of our employees. Doing the same task over and over again is not only boring, but can be physically harmful. Since we grow a number of different crops, we can offer some variety in work tasks during a given week. A typical workweek will involve strawberry picking, weeding, and harvest of vegetables.

We also offer low-cost housing to our employees. Over 75% of our employees take advantage of this benefit.

And, we try to have a good time! While farm work is hard work, it is made easier by good companionship and good humor.

We show our appreciation for good work by passing on the compliments of our customers. We recognize the fact that everything we do springs from work done in the field. We involve as many employees as possible in the decision-making process. And we try to share as much information as possible with employees.

Farm work at Swanton Berry Farm is an intellectual as well as physical process. We depend on the ideas and observations of all employees. It takes a bit longer to do things when you ask several opinions about what should be done next, but in the end, we make better decisions. We treat our employees as professionals, not cogs in a 'food machine'. The Union label is your

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assurance that the food you are eating is produced by professionals under the best possible working conditions. 1.6 AJP Standards on Farmer Responsibilities to Workers 1. Farmers’ Responsibilities as Employers and Farm Worker Rights

The standards outlining farm workers’ rights are based on the principle that all workers have the right to safe working conditions, just treatment, and fair compensation. These standards ensure the following:

A. Adherence to international laws protecting workers, including ILO Conventions and UN Charters.

B. Freedom of association and right to collective bargaining. C. Fair grievance procedure. D. Living wages. E. Safe and adequate housing. F. Health and safety protections, including access to adequate medical care, a “right to

know” clause, and the expectation that the least toxic alternative is always used on the farm.

1.7. Conflict Resolution Guidelines: A Quick Guide (Adapted from materials from the Olympia Washington Food Coop) Conflict is inevitable when people work together. We have different beliefs, life experiences and values. It is critical to the smooth workings of a farm that the people who work there take the time to resolve conflicts in a respectful way. When conflict occurs, harm comes to the community, not just the people immediately involved. Work to resolve conflicts in ways that contribute to the health and harmony of the entire farm community. Here are some suggestions: Treat the other person with respect. Sarcastic, condescending and angry tones of voice block communication and create wounds that can fester for years. Step 1: Confront the problem: find a place to talk the conflict over with the person directly involved.

A. Choose a time when you are not arguing or angry and a quiet and comfortable place away from either party's turf. Check with yourself to make sure this is the best time to have this conversation.

B. Define the conflict: describe the conflict in clear, concrete terms. Be specific – when, why, what, where, who. Describe behavior, feelings, consequences, and desired changes. Be specific and start sentences with "I", not "you." Speak for yourself and from your experiences. Focus on behaviors or problems, not on personalities. Avoid absolutes such as always and never. Absolutes turn the conversation away from the issues and onto the "facts" of whether a person did something 5 times or 6. Use

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constructive criticism techniques: "When you do (action), I feel (impact). I need (resolution)."

C. Listen to really understand the other person's feelings and needs. Explore alternative solutions.

D. With the possible exception of identical twins, almost all conflicts between individuals have the potential to include or trigger social power imbalances. (Social power issues include class, gender and gender identity, race, etc.) Try to remember that: It is always better to acknowledge the impact of social power imbalances than to pretend they don't exist. Being able to acknowledge your areas of privilege and work towards balance is strengthening to you and the group. When you feel you are the target, ask for help from someone you trust to be your ally. It is not useful to rank oppressions, it is useful to see where oppressions intersect.

E. Keep the goal of resolution in mind – what will resolve this conflict. What do I need, what can I accept. Reach agreement on a workable solution you both understand and can live with. Make realistic commitments. An agreement is only as good as the ability of the individuals to implement the agreement.

F. Evaluate after some time: check how well the solution is working and adjust if necessary.

Step 2: If step one does not result in a workable agreement, employees should meet with their immediate supervisor or with the Farmer who will hear their case and try to mediate a workable solution. Step 3: If employees cannot resolve their conflict with the help of their supervisor or the Employer, the parties involved should turn to the services of the Center for Dispute Settlement and benefit from the help of trained mediators. All along the way, parties to these conflicts are required to observe confidentiality. Second hand gossip can destroy a farm or business. Example: The following process is used by Featherstone Farm in Minnesota: If conflict is between co-workers, a Conflict Resolution Committee will be formed consisting of 3 persons, 1 from each of the following groups: farm workers, management level employees, Friends of the Farm (local CSA members or neighbors). Workers will elect by majority vote the employees who will serve on this committee along with the Friends of the Farm representative (from a list of available candidates). Elected workers have the right to decline this duty, but are encouraged to participate if circumstances allow. The persons selected to this committee will be acceptable to all parties involved in the conflict. This committee will facilitate a resolution that results in the healing of the grievance and promotes a content and productive workplace. Parties involved in the conflict must participate in the resolution process. Failure to do so will result in a breach of this agreement.

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1.8. Templates for Use on Farms 1. Sample Contract – Long Form The following is a SAMPLE Contract / Terms of Employment for use by farms participating in the Agricultural Justice Project. It should be amended in order to be applicable to each farm. The Employer must ensure apart from the provisions contained herein,

Α. that all AJP standards are complied with, and Β. that all relevant federal, state, and local laws are complied with.

Under AJP standards employees have the right to negotiate individually or collectively over the exact terms and conditions of employment. Agreement between ____________________(farm) and ____________________ (farm employees). Time Period Covered by this Agreement: ____________________. It is the intention of this Agreement and the provisions contained herein to maintain harmonious relations between ____________________(farm) and ____________________ (employees) and to provide mutual understandings with respect to hours, wages and working conditions affecting certain employees of the farm.

Articles of Agreement The Employer shall provide to all workers a mutually agreed summary of their rights and a copy of the Contract / Terms of Employment in English, Spanish, or other language as may be appropriate. The Employer shall provide to all newly hired workers relevant work rules, in English, Spanish, or other language as may be appropriate. Provisions will be made for an oral presentation to all workers as well. Recognition of Right of Freedom of Association The Employer recognizes the right of its employees to democratically elect representatives or to unionize if they so wish, or otherwise engage in collective bargaining with the Employer for the purpose of negotiating terms of employment. Non-Discrimination The Employer shall not discriminate against any employee or prospective employee based on race, creed, color, national or ethnic origin, gender, age, handicap or disability (including HIV status), union or political activity, immigration status, citizenship status, marital status, or sexual orientation. Probationary Period Newly hired and rehired employees shall be considered on probation for a period of 90 days of active employment. During this probationary period, the employee shall be subject to layoff,

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discipline or discharge at the sole discretion of the Company. During the probationary period, employees who dispute discipline or discharge only may utilize the grievance procedures provided for herein. Employee Performance Review During the ninety (90) day probationary period, workers will receive an initial performance review, to be conducted with their supervisor. Evaluation will be conducted at approximately 45 days. Workers with seniority will be reviewed annually. In addition to a brief meeting, workers will receive a written performance review, a copy of which will be placed in the employee’s file. In addition to seniority, performance reviews will be considered when determining merit raises. Contracting of Work The Employer agrees to not utilize farm labor contractors for the purpose of acquiring workers for the farm. Any short-term, emergency usage of labor contractors must be justified. Joint Committees During the course of this Agreement, the Employer and employees may mutually agree to establish joint committees. Employees who participate in joint committees shall be paid the meeting rate. The Employer maintains the right to limit the number of employees participating in joint committees who are paid at the meeting rate. ____________________ (Employer to insert meeting rate to be used.) Wages The Employer shall pay a living wage consistent with the definition in the AJP standards. The Employer must justify the inability to pay a living wage and develop a plan to increase wages and/or benefits.

Α . Wage schedule: ____________________ (Employer to insert wage schedule according to job classification and seniority.)

Β . Rate at time of hire: ____________________ At time of hire employees will, in general, be placed in the first step for their position. However, some employees may be placed at a higher step, given previous work experience in their field, or specialized skills and abilities. In cases where a hired employee requires extra or specialized training (beyond general orientation and review of job duties) to perform their job, the employee may be placed at a training rate for an initial employment period. Following a 30-day review, the trainee will be placed into the First Step for their position. Employer to specify training rate if used.

C. Raises:

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Annual wage increases, other than those that are automatic and based on seniority, can be negotiated between the worker and/or the worker’s chosen representative, and the farm. Alternately, workers have the right to negotiate collectively over wages and other terms of employment.

D. Merit Pay: In addition, merit increases may be given to workers who take on increased responsibility, demonstrate initiative, or otherwise excel in a particular area. Determinations regarding merit pay, over and above the standard annual increase, shall be made during employees’ annual performance review. Merit pay increases over and above the step structure will be based upon: Job performance and initiative Attitude, teamwork, communication Demonstration of particular skill or ability

E. Bonuses: From time to time, harvest crew will receive a bonus for long and/or difficult picking days. Employers are encouraged to also provide end-of-year bonuses and/or profit sharing benefits.

Start/ Finish Time Policy The normal starting time for Harvesting Employees is ____________________ a.m. Attendance

A. Punctuality: All workers must arrive on time for scheduled shifts. If you are going to be late, you must notify the farmer (or a supervisor) as early as possible. Workers who do not have a set schedule (i.e. some managers, supervisors) must report to work in time to complete all regular duties and responsibilities. If you are unable to report to work in time to complete one of your regular tasks, you must communicate with another manager or supervisor as early as possible to ensure that all essential tasks are covered. Excessive tardiness will be cause for disciplinary action, according to the farm’s Disciplinary Action Procedure (unless due to emergency as described below).

B. Absence Workers who are unable to report for a scheduled shift due to illness or some other unforeseen circumstance must notify a supervisor as early as possible, but no later than two hours before the start of the shift. Failure to report an absence shall be considered an unexcused absence.

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Excessive absences will be cause for disciplinary action, according to the farm’s Disciplinary Action Procedure. Excused absences for non-emergency matters will be granted based upon the needs of the farm. The farm will attempt to be more permissive with requests for time off during less critical and/or busy periods during the season. If a worker must leave early (or arrive late) or take a day off to attend to personal matters, the worker must request time off at least one day in advance, but preferably earlier. Justifiable reasons for absence may include: a. Medical or dental appointments; b. Medical disability; c. Family emergency; d. Court appearance; e. Leaves of absence as authorized under the collective bargaining agreement and the

personnel policies of the Employer; f. Such good cause as may be acceptable to Management. Employees are expected to work on their scheduled workdays unless excused.

Inability to get to work: When employees, for reasons beyond their control, are unable to come to work on a scheduled workday, the employee shall not be subject to discipline for failure to report to work when the absence was for a justifiable reason. Such employee shall notify the company prior to the employee’s start time unless unable to do so for reasons beyond the employee’s control. Management may reasonably request documentation regarding the absence.

Entitlement to Days Off From Work and Overtime Policy

Employees are expected to work _____(insert five or six as appropriate here) day work weeks, unless absent from work for justifiable or other reasons authorizing an absence. Employees are entitled to one day off per week, and are required to work a maximum of 48 hours per week. When necessary, employees will be requested or scheduled to work overtime. Overtime is voluntary.

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Employees will be paid overtime at a rate of time and one-half for hours in excess of ten hours per day, sixty hours per week for production workers, forty hours per week for wholesale sales, retail sales, kitchen, and administrative workers.

Breaks Scheduled break times will be provided as follows:

A. Fifteen minute morning break between _____ a.m. and _____ a.m. B. Thirty minute lunch break between _____ a.m. and _____ p.m., in which employees

remain punched in. C. Fifteen minute afternoon break between _____ p.m. and _____ p.m.

The following rules apply for workers while they are working as part of the field (harvest, planting, etc.) crew:

A. During periods of extreme heat (over 92 degrees), workers must take additional breaks to drink water and water will be made available to workers in the field at all times.

B. Workers engaged in hand weeding tasks may (and should) take additional short breaks periodically.

C. Lunch breaks are mandatory, unless otherwise stated by the employer. Benefits Unpaid Leave of Absence

The Employer shall grant unpaid leaves of absence to employees for any personal or family emergency, without the loss of seniority. A. Health

Insurance:_________________________________________________________ (Employer to insert any medical plans provided by the Employer).

B. Other Benefits a. Employer will provide Unemployment, Workers’ Compensation, and Disability

Insurance to all employees. b. Cash advances will be made on an as-needed basis for employees returning to

work at the beginning of the season to cover relocation costs. These no interest loans will be deducted from future paychecks, with terms to be worked out individually.

Seniority The farm’s seniority policy includes the following provisions:

A. Seniority means period of time worked at the farm in any classification, commencing at the end of (90 day) probation retroactive to the date of hire.

B. A seniority list shall be maintained in a file available to farm workers. C. Workers with the least seniority shall be laid off first. D. Workers with the highest level of seniority shall be recalled first.

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Regular employees who leave voluntarily at the end of the season or who are laid off during the previous season shall retain their seniority. In addition seniority will be specifically defined according to the following provisions:

A. Seniority will be determined based upon 1) start date and 2) cumulative hours of service (cumulative hours may also be used in determining raises, work assignments/promotions, and hours assigned).

B. An employee shall not accrue seniority during any period of layoff or voluntary absence.

C. Laid off workers who have not achieved seniority and are recalled will not have seniority status until they complete 90 days in a single season.

D. Seniority will be lost for the following reasons: voluntary termination, discharge for just cause, and refusal of recall.

E. Seniority shall be retained but not accrued for up to one (1) year from a break in service.

F. Any worker rehired after loss of seniority as provided in Section 4 shall establish a new seniority date.

G. The farm will post the seniority list or make such list available to any worker upon request.

H. If a dispute regarding seniority arises, complaints shall be directed to the conflict resolution process and the farm shall update the seniority of those employees involved within 15 days.

In the event of layoffs or reductions in staff, decisions regarding retention of workers will be based on an evaluation process including seniority as one fact, along with other criteria as described in the Layoff and Recall Policy. Layoffs and Recall Policy Layoff: Due to the seasonal nature of the industry, it will be necessary at times to reduce the size of the workforce. Layoffs are non-disciplinary discharges, which generally occur at the end of the season, but which are also necessary directly after the peak of harvesting. Workers without seniority must be laid off first. The Employer shall then solicit employees who are willing to be laid off despite their seniority for layoff status. In the event that there is an insufficient number of probationary employees and other employees to reduce the work complement, non-probationary employees with the least amount of seniority shall be laid off. The Company shall request that all employees who are laid off from employment provide a mailing address where they can receive recall notices from the Company.

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To ensure continuity and quality of production, decisions regarding additional layoffs will be based be based on an evaluation process including seniority as one fact, along with other criteria, including:

A. Seniority; B. Quality and quantity of work; C. Job skills in relation to number of years of experience; D. Priority needs of the farm’s operations; E. Ability to work cooperatively with other employees; F. Employee’s most recent evaluation.

In addition the farm will make special short-term assignments, which require special knowledge, such as irrigator, tractor driver, fertilizer applicator, and mechanic. The farm shall let workers know as soon as the need for layoffs is apparent and provide at least 7 days notice to workers who are to be terminated because of a reduction in staff. All laid off workers must receive the following:

A. Notice of Change of Relations B. Final paychecks (immediately for layoff, within 72 hours for voluntary separation)

Recall Policy Employees will be recalled in the order of their seniority provided they have the ability to perform the work needed.

All laid-off employees who have completed their probationary period shall retain seniority and priority rights to re-employment over new applicants for a period of eighteen months after the date of their layoff.

A laid off employee shall forfeit seniority rights in the event that he or she receives a request to return to work from the Employer and fails to make known his or her intentions within seventy-two (72) hours of said notice. The employee shall return to work within ten (10) working days after dispatch of said notice to his last known address, unless extenuating circumstances prohibit it.

Laid off employees who have forfeited their seniority as a result of not having timely accepted offers to return to work subsequently may file an application for employment. Where such employees are rehired within one hundred twenty (120) days of receiving a request to return to work, such employees shall be restored to the seniority that they had as of their layoff, provided that they complete successfully their probationary period. Discipline

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Violation of farm rules and regulations will result in disciplinary action. When the disciplinary action is used, the severity of the action will be determined by the circumstances of each individual case. Factors to be considered include:

A. Seriousness of the incident B. Worker’s past conduct and work record C. The nature of any previous incidents. D. No employee who has completed a probationary period shall be discharged or

otherwise disciplined without just and sufficient cause. E. If the discharge or disciplinary act is found to be unjustified, the worker may be

reinstated and may be compensated for loss of earnings during the period of such discharge or disciplinary act.

In general the Employer will utilize a series of progressive discipline, designed to assist and encourage employees to correct their conduct and/or work performance and to achieve satisfactory conduct and work performance. Progressive discipline generally will be utilized when employees fail to follow rules, guidelines, procedures, and/or policies relating to conduct and/or work performance, except as otherwise provided for in this Agreement. The Company retains the right to determine that certain acts by employees are gross or serious misconduct warranting more serious consequences than progressive discipline provides. Under most circumstances, workers should not be immediately terminated. Even gross violations of farm rules and policies should be handled with a warning, unless the worker has a previous history of written warnings. If necessary, a suspension is a valid alternative, to give all parties time to cool off before making decisions. Stages of Progressive Discipline:

A. First offense – Verbal warning for first time minor offenses. A record of all verbal warnings must be placed in the employee’s file.

B. Second offense – Written warning for more serious first time offenses or repeat violations after a verbal warning. Written warnings will be presented to the worker, reasons for the action will be discussed, and the worker will be asked to sign a copy of the written warning. The worker will keep a copy and a copy will be placed in the worker’s employee file.

C. Third offense – Written warning and suspension of one day without pay for very serious first time offenses or excessive or habitual violations. This action will be noted in the employee’s file

D. Fourth offense – Written warning and suspension of three days without pay E. Fifth offense – Written warning and suspension of five days without pay. F. Sixth offense – Termination of employment; employee ineligible for future rehire. G. Prior discipline more than 365 days old shall not generally be relevant to subsequent

disciplinary action.

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Written Notice of Disciplinary Action Any employee subject to disciplinary action will receive a written statement in the employee’s native language stating the disciplinary action taken within two weeks of the occurrence.

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Representative Presence at Disciplinary Meetings Employees have the right to ask a representative of their choosing to be present during any meeting with Management to investigate matters which may lead to discipline or to discuss the imposition of discipline. Inappropriate Conduct of Persons Employed by ___________________________ Farm The Company will not tolerate inappropriate conduct by any persons employed by _________ _________________ Farm including abusive or discriminatory behavior and will appropriately discipline such employees where it is found that such conduct occurred.

Many farms include statements such as: “No recreational drugs on the farm.” “No Smoking. No Drugs.” It is unacceptable to work while under the influence of alcohol or drugs. One infraction is cause for immediate dismissal. Access to Employee Files Employees shall have free access to their employee files, and may voluntarily grant this access to a representative of their choosing. Conflict Resolution Process Farm workers (or apprentices/interns) and their immediate supervisor should discuss and resolve problems arising in the workplace informally and promptly. However, when such an informal approach is not satisfactory, conflicts shall be taken up in accordance with this policy. The term “conflict” shall mean any dispute between the employer and any worker concerning the interpretation or application of the contract with the farm or other personnel policies and procedures. A worker may seek the assistance of a fellow worker or any other representative he/she chooses in any of the steps of the conflict resolution and arbitration procedure. Step 1: A worker shall first discuss any conflict with her/his supervisor or Employer within 20 days of discovery/of the incident. The purpose of this meeting is to seek early resolution of the problem. A fellow worker or other representative and the farmer or farm manager may participate in this meeting. If the conflict involves suspension or termination the worker may skip Step 1. Step 2: In many areas of the country, there are Centers for Dispute Settlement which offer conflict resolution and mediation services free of charge to farms or for a moderate fee. A mediation session allows both parties to fully state their understanding of what happened, facilitates good listening to one another, and then helps work out a practical solution to the conflict that is acceptable to both parties.

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Step 3: If no acceptable solution can be reached, the employee or his/her chosen representative may appeal to the AJP board conflict resolution committee. The Employer can also voluntarily bring issues to the board’s attention. Step 4: Final appeals can be made by either party to an impartial and respected ombudsperson participating in the Agricultural Justice Project. Should the final appeal call for the reinstatement of the employee, the farm has the option of offering a severance package that is mutually acceptable. Steps may be waived by written agreement of both parties, but the parties shall have at least one meeting before a conflict is submitted to the AJP board conflict resolution committee. The Employer will make relevant parts of any files and records available, in confidentiality, for the purposes of the conflict resolution process

Health and Safety

A. The Employer will always seek to use the least toxic method and substances in all production and other practices, such as pest control.

B. The Employer shall provide a safe and healthy workplace and shall comply with all requirements of state and federal law in relationship thereto.

C. Employees shall promptly report injuries and hazards of which they are aware to their supervisor.

D. Supervisors shall promptly report injuries and hazards of which they are aware to their Manager, who shall make a record of the report and verify responsive actions taken.

E. The Employer shall provide required personal protective equipment and any appropriate and/or required training.

F. The Employer shall provide necessary and appropriate on site medical treatment or access to off site treatment if employees suffer a work- related injury or illness. Where feasible, this would include arranging transportation for initial off site medical treatment.

G. The Employer shall assist in arranging transportation to Workers’ Compensation panel doctors for employees with Workers’ Compensation cases and without access to such transportation.

H. The Employer will establish a Health and Safety Committee. Meetings shall be conducted in English and Spanish (or other appropriate language), so as to allow active participation by all employees. On small-scale farms the Employer may choose instead to discuss health and safety issues during general meetings with all employees, so long as such meetings take place regularly.

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I. Employees shall have access to Material Safety Data Sheets for each chemical used or stored on the farm.

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Housing If Employer provides housing, insert policies here, including any rent if charged (which much be consistent with AJP rents standards) ____________________________________________________________________________ Tenants’ Rights Workers living in employer-provided housing have full visitation rights, i.e. the right to receive visitors of their choosing. Such visitors might include but are not limited to friends, family members, representatives of unions or other organizations promoting the welfare of workers, or health care workers. Note: This provision does not preclude the employer from developing reasonable rules for on-site housing designed to prevent unlawful tenants, or to limit noise or other disturbances to neighbors and/or other residents.

Workers living in employer-provided housing have a right to privacy. The employer/owner has a right to inspect and enter the housing for the purposes of routine maintenance and/or repairs, but must whenever possible notify residents beforehand. Such work must be done with a minimum of disturbance to any personal belongings.

Workers who are terminated from employment before the time period specified by their employment contract and who choose to appeal such termination through the grievance procedure will retain the right to remain in employer provided housing while the appeal is pending, except in cases of violence or criminal behavior that endangers the other people at the farm.

The Employer may develop appropriate and reasonable rules for any housing such as the following:

Everyone will clean the house at regular intervals. At the end of the season, the house will be left clean

A. If something breaks, repair it, or tell farmer B. Protect all food from rodents: keep in frig, glass jars, metal containers. Do not leave

grains, flour, cereals, or crackers out on counters or in plastic bags. C. Please report mice/rat sightings to farmer

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1.9. Other Templates and Sample Forms Please note: These are only samples!! Each farm should amend these forms to be applicable to their own unique situation. Their use is NOT required except when stipulated in standards. 1. Farm Crew Job Description (Edit as needed) from Richard Wiswall

Welcome to ____________________Farm! We appreciate your hard work and want to have clear policies so that both employer and employee understand each other and mutually benefit.

Work at ____________________Farm is diverse, ranging from greenhouse production, field crop planting, weeding and harvesting, to building and repairing farm infrastructure. Employees are often called upon to do different and sometimes tedious jobs in all kinds of weather. Be prepared for hard physical labor. Job training will be done by __________ __________ or ____________________. It is important to remember that no matter how simple, tedious, or insignificant a task may appear, everything that you do is important to the overall success of the farm.

Farming is production work. The farm earns money by what is actually produced and sold. Since production per hour or day is very important, employees are expected to work quickly and efficiently, to keep up with the pace set by the employers or work quickly on their own.

Conversation during work is a benefit of farm work, but please be aware of keeping your hands moving while you talk. Efficient production is critical to the success of the farm.

Paid time is work time. On a farm there is rarely nothing to do. If a task is completed before another task is assigned, make use of your time by doing a job on the packhouse bulletin board such as cleaning up, weeding ends of rows or greenhouses, or making tomato boxes.

Employees may be asked to work around machinery and should exercise caution when doing so. No one will drive a tractor unless trained by ____________________. Farm vehicles will be driven by regular employees only. At ____________________Farm we ask that you: Be punctual, and be ready to work at designated time. Bring a water bottle, lunch, and appropriate clothing for the weather and task. Keep track of your hours on a ____________________ Farm timesheet. Telephone if you are unable to make it to work.

Paydays are the 15th and last day of each month for regular employees, and the last day of

the week for temporary employees. There will be no alcohol or drug use while working on the farm. On the job, it is expected

that all employees will behave appropriately and cooperate with other employees and people on the farm. Employees are expected to keep work areas and fields clean by picking up trash and tools associated with the work.

If you have an issue or problem on the job, please bring it to the attention of ____________________ or ____________________. We want to make things work for all concerned. We are cooperatively minded and strive for a harmonious workplace. Thanks for your help.


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2. Employment Information Employer’s name and address: Telephone: Starting wage: Starting time: First light for field crew. Varies for delivery, market and farm stand personnel. Break time: 15 minute break at 9 am and 3 pm for field crew. Varies for delivery, market and farm stand personnel. Finishing time: Employment duration: variations in weather, production, market conditions and other variables make it impossible to guarantee continuous employment. Lay-offs are made both on the basis of seniority and skill required on the farm at the time. Workers compensation phone and address: Probation period: 90 days. 3. Personal Health Information The following information is requested in case of emergency. We keep it on file in cae we ever have to take you to the hospital or contact your relatives. This information is voluntary. Name Address Birth date Health insurance________________Policy # Names, addresses or phone numbers of people to contact in case of emergency: 4. Health History Doctor Dentist Chiropractor Allergies Reaction to medication Previous injuries Medical concerns Anything else we should know?


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5. Incident report To: CC: From: Date: Time/date of incident: Location: Parties involved: Summary of incident: Action taken: 6. Notice to Employee as to Change in Relationship Name: Social Security Number: Employee Signature: Employer Signature: Was laid off/discharged on Date: / / . Began a leave of absence starting on Date: / / . Employee must receive any outstanding pay. 7. Employee Written Warning Date: Name of employee: Name of person issuing warning: Verbal or written warning? (If written copy one copy is to be given to employee and one placed in employee file) Description of incident: Action taken: 8. Health and Safety Meeting Report Farm: Date: Meeting Conducted by:


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Guest speaker: Brief outline of information covered: Length of meeting: Persons attending: Employee feedback: Comments: 9. Employee Performance Evaluation (To be completed for new employees at 30 days and for all employees on an annual basis) Employee name: Position: Reports to (supervisor): Date: Part I: Review Basic Responsibilities: Performance Rating: a. General Performance of Duties Needs improvement average above average superior b. Demonstrates initiative: Needs improvement average above average superior c. Attitude/Teamwork Needs improvement average above average superior General comments: Part II: Goal Setting Areas for improvement:


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Are there other jobs/duties you are interested in exploring? Are there particular skills you would like to develop? Do you have suggestions for improvement of farm operations? Employee signature/date Supervisor signature/date\ 1.10. Checklist to Guide Safety Training for Farm Employees SAFETY TRAINING CHECKLIST ON THE FARM: A comprehensive farm safety program is well worth the time investment. New staff members should be trained before they are exposed to any potential hazard. Involve veteran employees in the training of newer employees. Safety training can range from informal on-the-go instruction and demonstration, to more formal meetings/presentations, depending on your preference and the size of your operation. Training may also be self-guided using reading materials or computer presentations. Topics can be reinforced by posting signs in certain locations to remind employees, for example, to use hearing protection, to beware of low headroom or slippery floor surface, etc. Safety training should address as many of the following as are applicable. Following each topic are common examples of measures to be taken, which should not be considered exhaustive. More information is available from sources in Appendix *. In addition to training at hiring, provide periodic (annual) refresher training. Accountability: have some system for insuring that staff members know each other’s whereabouts, and that individuals working at remote locations can be checked on periodically; consider a buddy system and/or establish a means for communicating if appropriate. Chemical safety: train employees to handle commercial products safely; institute practices for avoiding exposure to generated gases such as carbon monoxide, silo gas, sewer gas, and to powders, etc. Confined spaces (tanks, silos, wells, pits, etc.): identify potentially hazardous confined spaces; anticipate hazards such as low oxygen; restrict entry and/or develop safe entry procedures Construction, building and equipment maintenance activity : provide fall protective devices; utilize scaffolds; insure safe excavations: prevent trenching cave-ins, and avoid disturbing buried utilities; maintain welding equipment, limit welding to trained employees, insure adequate ventilation during welding Domestic animals: train employees to handle livestock safely; identify and develop practices for avoiding exposure to zoonotic diseases Ergonomics: prevent lifting injuries: avoid repetitive motions and awkward postures; use lifting and material handling devices to avoid lifting and other musculoskeletal injuries; utilize ergonomically-designed hand tools where feasible


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Electrical safety: restrict electrical maintenance work to qualified employees, and provide them with protective equipment; observe electrical lockout/tagout procedures; insure that facility electrical installations are code-compliant Fire prevention and safety: store flammable/combustible materials safely; promptly dispose of flammable/combustible wastes; provide fire extinguishers; maintain clear exits and passage for fire emergencies; prohibit smoking; post fire exit routes; hold periodic evacuation drills. First Aid: Insure that prompt municipal emergency medical services are available, or have staff members trained in first aid/CPR; provide and maintain a first aid kit; post emergency phone numbers. Machine and tool safety: safely maintain power tools and hand tools; provide/maintain guards; train employees; observe “lockout/tagout” procedures for heavy machinery maintenance. Material handling and storage: avoid precarious material handling and storage practices to avoid collapses, contusions, fire propagation, etc. Motor vehicles and heavy equipment: provide safe operation training for use of tractors, forklifts, cars, harvesters, trucks etc., and restrict vehicle use; keep vehicles in good condition; insure installation of safety devices such as ROPS and PTO shields; restrict riding on the back. Noise: provide and require use of ear muffs/plugs for noisy activities; maintain equipment to minimize noise; reduce noise using barriers, absorbent material, enclosures, etc., where possible. Personal protective equipment: evaluate your workplace and provide appropriate safety glasses, gloves (thermal, sanitary), face shields, cold/wet weather garments, dust masks, welding helmets, welding gloves, knee pads, sun glasses, etc. Prevent slips, trips, and falls: keep aisles, doorways, and stairways clear and free of obstructive/slippery materials, post warning signs where necessary/useful. Respiratory diseases agents: Identify and control exposure to respiratory disease agents: agricultural dusts, molds, animal danders, other allergens. Sanitation: provide adequate handwashing, toilet, shower facilities; schedule regular cleaning; insure adequate soap, towels, etc.; train employees to observe universal precautions for avoiding exposure to bloodborne pathogens and other diseases; insure that potable water is provided. Stairways and ladders: Keep stairways clear ; insure stairways are code-compliant, with adequate railings, landings, etc.; maintain ladders in good condition; train employees in safe ladder use.


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Water safety: identify non-swimmers, provide rescue equipment near ponds, waterways; institute ice-safety steps; restrict access where appropriate Weather-related hazards: avoid cold and heat stress or excessive UV exposure from the sun, by wearing appropriate clothing, providing sunscreen, providing adequate breaks and hot/cold fluids Wildlife: animals, insects, plants: develop precautionary procedures, evaluate employees for allergies, provide immunizations, provide PPP, repellents, topical or other treatments, develop emergency plans Workplace violence: Anticipate possible incidents of workplace violence in your workplace (irate/disturbed customer, employee, employee spouse, etc.), and pre-plan accordingly. * * * * * * * * * * * * * * * * General: Hold periodic safety meetings. Focus on prevention. Encourage employee feedback and participation in safety activities—including periodic internal safety audits. Use an audit checklist. Summarize your safety procedures in a written safety manual; Post strategic signs/posters to remind employees of necessary safe work practices. Give special attention to safety of children on the farm; give them separate play areas; limit their access to machinery and potentially dangerous areas; insure the work of older children is supervised. Sources of Additional Safety Resources Farm Safety 4 Just Kids is a non-profit organization with the mission of promoting a safe farm environment for children and youth. The organization was started by Marilyn Adams in 1986, following the death of her son in a farm accident. http://www.fs4jk.org/ Land grant universities are good sources of agricultural safety information and resources. Two examples are: Oklahoma State University http://ehs.okstate.edu/LINKS/farm.htm, and Ohio State University http://ohioline.osu.edu/lines/farm.html The National Agricultural Safety Database was created through funding from the National Institute for Occupational Safety and Health (NIOSH) beginning in 1993. A series of grants from NIOSH and one from the U.S. Department of Agriculture (2002-2004) have supported development and expansion of NASD. The on-line database has links to training videos which are either freely viewable on-line, for rent, or for sale. http://nasdonline.org/ National Education Center for Agricultural Safety (NECAS) is dedicated to preventing illnesses, injuries, and deaths among farmers and ranchers, agricultural and horticultural workers, their families, and their employees. Operates a hands-on farm equipment safety training center, classrooms, and a library and resource center. http://www.necasag.org/ The National Institute of Occupational Safety & Health (Centers for Disease Control and Prevention, United State Department of Health and Human Services) provides white papers,


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hazard alert bulletins, hazard evaluations, research, and links concerning agricultural safety and health. http://www.cdc.gov/niosh/topics/aginjury/ The Occupational Safety & Health Administration (United States Department of Labor) enforces workplace safety standards and also is a good source for workplace health and safety information. http://www.osha.gov United States Department of Agriculture (USDA) website provides information on agricultural safety under the topic of Community Development. http://ric.nal.usda.gov/nal_display/index.php?info_center=5&tax_level=3&tax_subject=211&topic_id=1157&level3_id=5436 1.11. Safety Rules from Gardens of Eagan 1.11.1. Machinery Safety NEVER EVER put your hands or other body parts near moving machinery parts ALWAYS make sure equipment is turned off before attempting to clean, unclog, service or repair. Never operate equipment unless you have been trained to do so and have passed the required test. Do not allow others to ride on equipment you are operating at any time unless with the farm’s trainer. Keep all guards in place. Lower all attachments before working on a machine. Use safety blocks and jacks when suspending parts of machinery, using a jack alone is unsafe. Perform a safety check before using equipment. Use care when mounting or dismounting equipment. Use extreme care when operating around ditches and embankments. Check behind vehicles before backing. Do not wear loose or ragged clothing near rotating shafts or gear trains. ASK if you have questions about machinery safety. Reading these safety guidelines does not constitute sufficient training to operate equipment. 1.11.2. Tool Safety Use the proper serviceable tool for the job. Use the proper size wrench/socket if available. Never remove safety guards to shields from tools. Do not use a power tool you are unfamiliar with or one you have not been trained to use. Never lay a tool on the ground in the field. It will be lost, possibly causing an injury. Keep power tools out of path of vehicles. Wear eye protection when grinding, sharpening or cutting. 1.11.3. Electrical Safety Make sure electrical power tools are properly grounded.


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Inspect power cords for safety before use. Do not attempt electrical repairs unless you are qualified to do so. Unplug electrical equipment using the plug, not the cord. Never use electrical power tools while standing in mud or water or wet conditions. Never run extension cords through mud or water. ASK if unsure about electrical safety.

Agricultural Justice Project Toolkit of Materials and Resources for Farmers: 2.0: Internships, Apprenticeships, or On-Farm Workstays

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2.0. Internships, Apprenticeships, or On-Farm Workstays For detailed information and guidance on undertaking an internship program at your farm, please see the excellent materials available from the New England Small Farm Institute (NESFI) all of which you can order from their website: www.smallfarm.org. These include: DACUM Occupational Profile for On-Farm Mentor, 2001. On Farm Mentor's Guide – practical approaches to teaching on the farm, 2005. Cultivating a New Crop of Farmers: Is On-Farm Mentoring Right for You and Your Farm? As with hiring labor, having a clear philosophical and ethical basis for engaging interns is essential. Below is the thoughtful introduction to the apprenticeship handbook from Sweet Land Farm from farmers Evangeline and Paul, and the full description of the internship program at Brookfield Farm from farmer Dan Kaplan. 2.1. Apprenticeship Handbook: Sweet Land Farm We both gained most of our farm knowledge from working as apprentices when we began farming. Evangeline started in Palmer, AK at Arctic Organics. Paul began at Simple Gifts farm in Washington Boro, PA. After our apprenticeships we each started our own small CSA businesses. We met at a CSA conference in 1999 and then spent a year farming 4 hours apart. Evangeline operated a farm close to our home at Sweet Land Farm and Paul managed a farm for Goodwill Industries in Lancaster, Pa for one season. In 2001 we worked together at the Kimberton CSA farm in Phoenixville, PA. We spent that winter writing a business plan for what would eventually become our current farm. Then we spent four years working at New Morning Farm, a large organic produce farm in PA that trucked our produce to Washington D.C. During that period we spent a lot of time honing our business plan and farming skills. We both apprenticed in states were there were no state minimum wage for farm employees. We each worked a full season for farmers in which we were compensated $400/month to work 50-60 hours a week right along with the farmer. The farmers we worked for always worked a few more hours than that. The beauty of that exchange is that you get the full feel of farm work. You work and strain right along with the farmer. You feel the rhythm of the seasonal work and get to reap the fruits of your labor. The small stipend covered all of our expenses and we walked away at the end of the season with a pretty concrete idea of how to provide ourselves with a vast array of produce and start our own CSA businesses. We both look back on our experiences positively. There are some aspects of our apprenticeship that were difficult. Our relationships with the farmers were strained at times, but that is par for the course. Farming is a tough enterprise and it has a habit of bringing out the best and worst of people. It can be very therapeutic in that way. There is no doubt that to work on a farm you must enjoy and value hard work. You need a strong work ethic or the desire to cultivate one. Mix hard work with an organized plan of action, and the right tools, and the farmers and crew can provide food for an overwhelming amount of people. In our case two farmers and a three person crew can produce enough to feed well over a thousand people!!!


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What we most want to convey is that we value the experience here at Sweet Land Farm. It is not a 'minimum wage' job. If you take advantage of the experience here you can easily walk away from the farm with money in your pocket and a better understanding of a farm season. Most of you have been in a situation where your living expenses trump your income. We certainly have. It isn't always how much you gross, but how much you net that is important. The educational aspect is the main difference that separates the apprenticeship at Sweet Land Farm with a general labor position. We provide you with a notebook full of useful references to start your own business and grow your own food. Along with that we provide you with a full season of teaching for which we do not charge you. We will take time to answer questions, show benchmarks of growth throughout the growing season, talk about the economics of the farm, and most importantly respect you. We have been in your shoes. If we respect each other we can both reap the benefits of our work together. As an apprentice, you are working with us for a short period of time. The season goes by faster than you expect. We require that you work a forty hour week, with the expectation that you work hard and efficiently so that we can stay on task and in control of exploding growth of the farm. We will spend more time training in the spring than the summer. The summer will be more rhythmic than the spring with a lot of harvest, planting and cultivating. The fall will consist of a lot of harvesting and more reflection on the season and discussion of aspects of farming like cover crops. 2.2. Brookfield Farm in Amherst Brookfield Farms runs an exemplary internship program. Below see the Brookfield documents for interns, clearly stating what to expect, farm policies, and benefits. Who’s who and what’s what: Biodynamic Farmland Conservation Trust, Inc. (BFCT): This is the organization that owns the farm property and equipment, manages the apprentice program, and is your employer. The BFCT is a non-profit, 501©3 corporation, and it managed by a Board of Directors. Peter Littell is the President of the Board of the BFCT. Board meetings happen roughly 5 times per year and are open to the public. Brookfield Farm: Brookfield Farm is a project of the BFCT. It is not a “legal entity” but rather a DBA (“doing business as”) for the BFCT (legally Brookfield Farm owns nothing, hires no one, and is fully managed by the BFCT). Dan Kaplan: Our Farm Manager who is responsible for all aspects of managing Brookfield Farm including the apprenticeship program. The Farm Manager is responsible for the program content, administration of the program, hiring and firing, apprenticeship contracts, evaluations, as well as career development. The Farm Manager is accountable to the board of directors of the BFCT. Dan Kaplan is also the General Manager of the BFCT and a board member (ex-officio – i.e. non-voting). Karen Romanowski: Karen is married to Dan and they have managed farms together since 1990. She is a registered nurse who works off the farm a few days a week, cooks a farm lunch


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for the crew every work day, and sometimes replaces Dan in the greenhouse and the field for a change of pace for both of them. Adan Martinez: Adan was an apprentice at Brookfield in 2007 before joining the “management team” in 2008 as our assistant manager. He helps Dan come up with our daily plan and fills in wherever necessary to assist with the overall management of the farm. Apprenticeship Program: Our program is a hands-on working/learning experience designed to move dedicated candidates towards farm management. We accept people from all backgrounds; from inexperienced city folks looking to explore agriculture as a career option to experienced farmers looking for a new approach to agriculture. As such, each apprenticeship will have different challenges and take on a different character. Apprenticeship Contract: We will tailor each program to the expressed needs of each participant. It is essential that participants make their needs clear and well known before we write an apprenticeship contract during the hiring process. The contract will contain our (farmer and apprentice) expectations for learning as well as benefits and expectations for labor. This contract will be updated during the program orientation and periodic evaluations. Program Orientation: During the first two weeks of the apprenticeship we will conduct an orientation for all of the apprentices. At this orientation we will go over safety policies, farm policies, and location and names of buildings and equipment. We will individually review each apprenticeship contract and update them as necessary. We will also begin to set vacation times, assign tractor responsibilities, shopkeeper responsibilities, the Boston driving schedule, and start figuring out how to have a good time together. Written Materials: All apprentices are given written learning materials throughout their apprenticeship. These materials include crop plans, seed orders, planting schedules, maps, budgets, overall farm plans, and various other supporting materials. In addition there is a farm library from which apprentices are welcome to borrow books. CRAFT Program: Brookfield Farm is an active participant and one of the founders of the Northeast CRAFT Program (see the website http://www.craftfarmapprentice.com/ for more information). All apprentices are encouraged to take part in all CRAFT program events during the season. Career Development: Throughout the apprenticeship, participants are encouraged to develop future plans for their own farm projects. It is considered part of your apprenticeship, if you choose, for the Farm Manager to review & critique these plans. In addition, all possible steps will be taken by the Farm Manager to help apprentices find job placement or further opportunities if so desired. Future mentoring & consultation for all apprentices is considered part of the package. Responsibilities:


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Regular Work Schedule: Monday – Friday: 6-7am, 8am-12pm, 1pm-5pm, Saturday 6-7, 8-12

General Work: The apprenticeship is, at its core, a working-learning experience. Our primary method for learning how to manage a farm is by performing tasks within our farm system. Apprentices are given an overall task list each week on Monday morning and specific tasks are then assigned by the Farm Manager throughout the week. All assignments are made with the needs of the farm and the specific stated needs of apprentices in mind. Chores: Apprentices are on a rotating chore schedule for the greenhouse, livestock, and lunch clean up. One week out of every three each apprentice is the chore person.

Greenhouse: The chore person is responsible for watering the greenhouse during the week (during work time) and on the weekend as well. If you are at a CRAFT meeting the farm manager will take care of midday watering. Lunch Clean up: The chore person is responsible for helping Karen, Dan, and Adan to set up & clean-up lunch at the farmhouse. The kitchen needs to be fully cleaned up by 12:50 pm. Livestock: The chore person is responsible making sure the cows have water, feeding & watering the pigs and chickens, and looking in on the livestock at least once per day. The grazing will be managed as part of the general workday. If you are going to the CRAFT meeting, you will need to do livestock chores before leaving for the farm visit.

Shopkeeper: The farm shop is open at hours that conflict with the regular work schedule. During our orientation, each apprentice will be assigned responsibility for one consistent shop time. The people who work on Tuesday and Thursday will need to work until 7:30 pm. The person who works on Saturday will need to work until 2 pm. Each person will be allowed comp time to make up for this responsibility. This comp time will be taken on the following afternoon or morning (i.e. Tuesday person leaves on Wednesday at 2:30pm, Thursday person leaves on Friday at 2:30pm, and Saturday person leaves on Monday at 3 pm). CRAFT Program Events: All apprentices are encouraged to take part in all CRAFT program events during the season. They happen during regular work times (Saturday mornings and Monday afternoons) and if you attend, there is no need to make up the work time. If you do attend the events you are expected to come to work at 6am on Saturday to help with chores, set up the farm shop, and pick corn, etc. If you do not attend the event, you are expected to come to work for the usual schedule. Apprentices can use a farm vehicle to attend the program events or can use their own vehicles and be compensated for the travel at .30/mi. It is not a requirement to attend the CRAFT program events. Boston Driver: One apprentice each week will drive the shares to Boston. Each apprentice can be the Boston Driver, if they desire, but not for less than two months at a time.


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Tractor Operation: Every apprentice will be trained in the safe use and maintenance of at least one farm tractor. The tractor assignments will be made during the program orientation. All attempts will be made to let each apprentice do all of the jobs on “their” tractor during the season so they can learn the jobs thoroughly. In this way apprentices are given the opportunity to learn general tractor skills by focusing on one tractor while at the same time minimizing training needs and repair costs. Compensation: Stipend: A stipend of $750 is paid to each first-year apprentice. The stipend is $900 for second-year apprentices. Stipends are paid on the 15th of each month. A tax withholding is taken out of this stipend. Workers Compensation: All apprentices are covered by workers compensation and covered (with certain legal limitations) for all work-related injuries. Health Insurance: All apprentices are given the option of receiving HMO health insurance (Tufts Health) as part of their benefits package. Apprentices have the option of receiving $100/mo instead of taking the health insurance. This money would be added to your stipend and taxed accordingly. Lunch at the Farmhouse: Monday through Friday there is a prepared lunch provided at Dan and Karen’s house. There is ample food and people are encouraged to eat as much as they want. We use as much farm food as possible and the meals are primarily vegetarian. We can make some allowances for special dietary needs (if they are addressed beforehand). One apprentice (the chore person) helps Karen, Dan, or Adan set up & clean up the kitchen each day. Farm Food:

Produce: All apprentices are allowed to take as much farm produce as they can use (including putting up for winter). You can also take up to 50 lbs. of produce per year as gifts for family and friends. Meat: All apprentices can take up to $50 worth of farm meat (beef,pork) each year. Additional farm-raised meat can be purchased at 25% off retail price. Shop Sale Products: Apprentices can help themselves to milk, bread, eggs, and apples (for their own consumption) for sale at the farm shop at no charge. Apprentices also receive a $50 store credit. All other Shop Sale products (cookbooks, popsicles, etc.) can be bought from the farm at cost.

Housing: The farm owns a private, 3-bedroom house next to the farm. Each apprentice is assigned a private room. Room assignments are first come, first served. There is a shared kitchen, living room, bathroom, garage, yard, and laundry room. Utilities are included in the housing, with the exception of telephone. It will be the responsibility of the apprentices to get


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phone service and pay for the bills in their name. The apprentice house must be kept clean at all times. You can decide, as a group, how you want to achieve this goal, but all apprentices will be responsible for the care and clean appearance of the house. Mowing the lawn will be the responsibility of the apprentices. The mower will be provided by the Trust, but the lawn must be mowed on a regular basis (at least every 2 weeks in July, August, and September, every week in May and June) Time Off: Vacations: Each apprentice will be allowed one week paid vacation to be taken between July 1 and Aug 15 of any calendar year. Vacations must be taken in a continuous one-week period (Sat Afternoon until the following Sunday evening). Each apprentice will also be allowed one Saturday off during April, May, October, and November. Vacation days may not be “saved” and used after that time. All vacation time will be established in April, trying to take all needs into account. Apprentices do not have to take vacations. Personal Time: It is expected that there will be some need during the season for every apprentice to take some personal time, whether for car repairs, doctor’s appointments, or other personal needs. Each apprentice is allowed up to 2 personal days each season. There is no need to make up work for personal days and they do not need to be taken as “full days.” It is expected that the Farm Manager will be given ample notice about the need for personal time and that opportunities will be taken when possible to make personal time happen at convenient times for the farm schedule. If more days are needed, they will need to be cleared ahead of time with the farm manager. Personal time may not be saved and used during a second season. Sick Time: Everyone’s going to get sick. When you’re sick, please don’t work. If you miss more than 5 days of work during the season due to illness, there will need to be some discussion with the Farm Manager as to whether the apprenticeship is the right situation for you. You do not need to make up work for sick days. After-Hours Work – There will be comp time given for any regular work that is performed after regular work hours. The Farm Manager will always give you a choice as to whether you want to work after hours or not in these situations. In the event of a farm emergency (animals out of the fence, reemay in a tree, etc) it is expected that apprentices who are on or near the farm will help until the situation is corrected. There will not be comp time given for these cases. Personnel Procedures: Evaluations: Apprentices will go through an evaluation with the farm manager two times during the course of the season. The first evaluation will happen sometime between July 1 and August 15. The final evaluation will happen sometime during the last two weeks of November. The evaluation will consist of individual consultations with the farm manager to see how well we are all meeting the expectations of the apprenticeship contract. The evaluation will be multi-directional with apprentice and farm manager evaluating one other.


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Accountability: All apprentices are accountable to the Farm Manager. The Farm Manager is accountable to the Board of Directors of the BFCT. The Board is accountable to the bylaws under which it operates. Grievance Process: If any grievances arise it is expected that the first course of action for all apprentices will be to speak directly to the Farm Manager. If there is still a problem that cannot be resolved, all apprentices are welcome to speak directly with the President of the BFCT who will be responsible for resolving the matter with the Farm Manager. Continuation of Apprenticeships: Many apprentices feel that one year on the farm is not enough time to get the training they need. We encourage people to consider the possibility of staying for more than one season. While encouraged, it is not automatic for apprentices to be accepted for a second year – the basis for the decision will be your performance review over the first year and solely at the discretion of the Farm Manager.

The process for continuing an apprenticeship is:

• By Oct 15, each apprentice declares his/her interest to the Farm Manager in returning for another season.

• The Farm Manager reviews applications and has three options – acceptance, provisional acceptance, or rejection.

• Current apprentices will be notified of the Farm Manger’s offer by Nov 15. • At that point a contact will be will be drafted to outline the specifics of the

apprenticeship continuation. The contract process will be completed by Thanksgiving.

General Policies: Visitors:

Working visitors are welcome at the farm and apprentice house for up to one week. Longer visits are subject to the wishes of other apprentices and the Farm Manager. Working visitors need to work our normal schedule and are given lunch at the farmhouse. They are also welcome to the same deal on farm food as apprentices. Non-working visitors are welcome at the farm and apprentice house for up to two days. Longer visits are subject to the wishes of other apprentices and the Farm Manager. They are welcome to eat farm produce, but need to buy items for sale at the farm shop at regular prices.

Pets: It is strongly encouraged that apprentices leave their pets at home. In the event that isn’t possible, pets are welcome in the apprentice house and on the farm with the following guidelines (really, we love dogs, but it’s a public place!)

In the house, all pets must be confined to your personal room (unless your housemates say otherwise), you must be responsible for cleaning up after them inside and in the yard, and you must be responsible for their relationship to your housemates (i.e. they need to be friendly!).


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On the farm, all dogs must be on leashes during all farm shop hours. During other hours, they must be within your sight at all times and you must clean up after them. You are responsible to make sure they do not destroy crops or buildings. And you must be responsible for their appropriate interaction with the public (i.e. they can’t bark at or bite people who come out to the farm!).

Shareholder Interactions: As Brookfield Farm is a public place and we depend on our shareholders (and prospective shareholders) for our livelihood, all apprentices (and all employees) must be professional, polite, and helpful to all people who come to the farm. General Demeanor: It is expected that all apprentices will be prompt, dressed appropriately, and professional in their attitude at work. Tools/Clothes: The farm provides harvest knives and daily hand tools. Apprentices must provide any other desired tools or clothes (pocket knives, rain boots, rain gear, hats, gloves). All apprentices must carry a watch at all times. It is suggested to carry a small notepad, a pen, and a knife as well. Farm Office: The farm office must be locked at the end of work each day. Each apprentice will be given a key to use the farm office after hours. Apprentices may use the Internet connection in the office after work hours. Apprentices may use the office during lunch for personal business, but the main office computer must be free by 12:45. The office must be kept completely free of personal belongings. Safety Policies: We will go over safety policies during the program orientation. All apprentices are required to follow safety policies at all times. Failure to do so will result in immediate dismissal. Farm Vehicles: Apprentices are trained in the safe use of farm vehicles and are fully covered by insurance for their operation. Farm vehicles are to be used only for farm business without any exceptions. Farm vehicles may not to be driven by anyone who is not an employee or apprentice at Brookfield Farm without any exceptions. A valid drivers license is a requirement for all apprentices. Drugs and Alcohol: There are no illegal drugs permitted on the farm property at any time (this includes the apprentice house). There is no alcohol permitted on the BFCT property at any time, except during BFCT-sanctioned events. Alcohol is permitted in moderation at the apprentice house. There is no smoking inside the apprentice house. It is unacceptable to work while under the influence of alcohol or drugs. One infraction is cause for immediate dismissal.


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2.3. Kingbird Farm Education Agreement Below is a simpler Internship agreement from a farm in NY:

Kingbird Farm Education Agreement Karma and Michael Glos agree to provide education in organic farming. We will do our best to provide instruction in all aspects of our farming enterprise. It is expected this will take about 4 hours a day (4 days a week). Trainee will have the opportunity to learn:

• The basics of annual specialty vegetable production, unheated greenhouse production, annual and perennial herb production, and greenhouse plant production.

• Organic livestock production (pigs, cows, cattle, layers, turkeys, and meat chickens) • The basics of horse care and working with horses • Direct marketing techniques including farmers market, on-farm sales, and store sales. • Basics of farm business decision making, economics of specialty farming. • Many other aspects that are part of a small diverse family run organic farm that may

include: seed saving, season extension, alternative animal healthcare, soil management, cover cropping techniques, horse tillage, and basics of organic certification

There will be the opportunities to visit other farms in the area and we will keep the trainee informed of local workshops that are available throughout the season. We have an excellent library of farming books that will be accessible to the trainee. Additional Perks:

• Trainee can have surplus milk, eggs, and produce (that is not needed for sales). • Use of the strawbale house and it’s contents from mid May- Mid November (see

attached) Additional Arrangements

• It is understood that the trainee will agree to purchase $50 of meat/farm products per week from Kingbird Farm from Mid May – Mid-November.

• Karma and Michael will be gone for 3 days in August (speaking at the NOFA summer conference) and 4 days in September (speaking at the MOFGA Common Ground Fair) and the trainee will be responsible for the farm during that time.

• After Mid-November it is understood that the trainee will stay until mid-February and take care of the farm for up to 12 days over the Christmas/ new year period and two extended weekends January and February while the owners are away speaking or on vacation.


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2.4. Template for Intern/Apprentice Contract Expectations: Work schedule: 5 1/2 days a week in April, and after early July, but 6 days a week during peak work time, May-June-early July. Hours: 8-6, or 7-5 with 45 minutes to an hour for lunch. Some days we will have to work later when special tasks or weather require. We focus on completing tasks, not on watching the clock. Longer stretches of time off are possible with some advance planning. Participation in the cooperative intern program is part of your farm work. The Farm expects that you will:

• Have a clear reason for choosing to learn and work on our organic farm • Write a learning contract stating your goals and what skills you want to acquire • Become an active, responsible member of our farming team • Observe farm safety for yourself, others and equipment • Learn where tools belong and help put them back there • Keep your living area clean, cook your own meals, shop for your own supplies, and cover

your own telephone expenses • Stay for the entire season from April through Thanksgiving: should circumstances require

you to leave earlier, we request that you give us 2 weeks notice so that we can find a replacement.

We strongly recommend that you keep a journal and spend some of your off-time expanding knowledge through reading, and visiting other farms Compensation:

• Housing • $___________ paid once a week (minimum wage for ____ hours a week). Additional

work time is your compensation to the farmers for instruction in organic farming. • Workmen’s compensation coverage. • All the veggies you can eat • We pay for you to attend conferences • Expenses for participation in cooperative internship program sessions and visits to other

farms • We give a bonus for staying till end of season (amount depends on performance and on

season) • Access to farm’s library of agricultural books, journals and magazines.

Learning:

• We will do our best to provide instruction in all aspects of our farming. • We conduct a weekly meeting to plan work and additional meetings to discuss our

personal interactions


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• Mid-season and end of season evaluation of learning • Help with plans for your future farm • Future support with information, resources, morale

Please note: we acknowledge in advance the likelihood of conflict between production and teaching, the roles of boss and mentor. We promise to work on awareness and hope you will too. It is difficult to predict exactly what will occur during the season because of conditions of farming, especially the weather. 2.5. The Learning Experience An essential aspect of an internship is the learning experience. Interns should write their own learning contract, stating what their learning goals are for the season. A learning contract is simply an explicit agreement in writing between a teacher and a learner about a program of learning that can encompass skills and attitudes as well as knowledge. The process of preparing such a contract can help both the mentor and the intern clarify their intentions and their expectations. Learning contracts are especially appropriate for adult learners because they honor and promote the adult’s independence and initiative. Learning contracts are intended to be morally, not legally binding; their purpose is educational rather than legal. The farmers should review these goals with the interns periodically to make sure the intern is actually learning what he or she set out to learn. The review should be mutual – the farmer evaluating the learner’s progress and the learner evaluating the farmer’s teaching. A learning contract should contain the following elements:

1. names of mentor and intern 2. the learning objectives 3. the time frame or evaluation schedule (when and how often the mentor and intern will

meet to discuss the intern’s progress and possibly revise the contract 4. the evidence of learning (how the intern will show his or her learning – demonstrate a

skill, write a report, keep a journal) 5. the evaluation criteria (how the evidence of learning will be measured – for knowledge –

comprehensiveness, depth, clarity or usefulness; for a skill – precision, speed, gracefulness or poise – and by whom it will be measured. Self-evaluation by the intern is also appropriate.

6. dated signatures of mentor and intern.


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2.6. Sample Learning Contracts Intern Name: _______________________________________________________________ Farm: _______________________________________________________________________ Season: 20____ from March to November. Mid-season evaluation in July; final evaluation in November. Farmer- mentor:_______________________________________________________________

1. I would like to learn about managing the bees. 2. I would like to understand the business side of the farm: bookkeeping, budget, expenses,

sales, investments, taxes, payroll 3. I would like to learn about planning for the next season – crops, rotations, fertility

management 4. I would like to learn to drive tractors, learn about implements 5. Pests and diseases 6. I commit to keeping a journal, to regularly evaluate my own progress and to demonstrate

the skills have acquired through effective participation in the farm team. Learning Contract: Tractor operation/maintenance Seed saving techniques and practice -which varietal choices and why/when to gather seed? Planning for soil improvements through cover crops -which cover crops when? Following and preceding which vegetables? Crop rotation planning Planting planning -how much for x # people? Plant/weed identification and possible uses i.e. medicinal or functional/useful Insect identification and beneficial/detrimental qualities/how to attract? Compost and fertilizer use Carpentry/construction projects Herb uses and processing Plant disease identification and remedy Food preservation – drying, freezing, canning, cold storage Tours of other farms Well + irrigation maintenance


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Learning Contract, ________Farm • I'd like to become more proficient at plant and insect identification and more

knowledgeable about the qualities of both. How does a certain weed or insect fit into the overall fabric of the farm? Why grow a certain variety of vegetables or kind of cover crop over another?

• How does one save seed, and what are the benefits of doing so? • Because I have limited knowledge of many of the vegetables grown on the farm, I am

curious about how to best handle, present, and prepare vegetables for eating. • Related to above, as a product of suburbia, I would appreciate any advice or guidance

on basic self-sufficiency around the house. Drying herbs, canning food, baking bread, etc.

• I am interested in the role soil plans on an organic farm. • Because I anticipate farming with other people, I'm interested in how to foster an

effective, positive farm environment. What if personalities clash? How can disputes be resolved peacefully?

• I'd like, if possible, to be introduced to the basics of tractor operation and maintenance.

• I hope, through research and possible farm visits, to see alternatives to how we do things.

• I'm interested in the politics and rhetoric behind farming this way. Why CSAs? Why organic? Why local?

• How does agricultural policy influence this kind of farming, or farming in general? What groups are working positively in the right direction? How might one get involved?

• How does organic farming fit into the broader social change picture? • Should any jobs requiring basic carpentry arise, I'd love to work on them and receive

instruction. • How can someone with no money and limited experience find a job in organic

farming? What are possible options and resources for first time farmers? • How might one find like minded people? Land? How might one manage a farm in a

holistic, sustainable manner?

Agricultural Justice Project Toolkit of Materials and Resources for Farmers: 3.0: Getting a Fair Price.

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3.0. Getting a Fair Price We define a fair price as one that covers the farm's “full costs of production, plus a fair margin for profit and investment and the ability to pay fair wages and other benefits for themselves, their families and workers.” To achieve a fair price, farmers must be skillful at calculating their full costs and they must have the confidence to negotiate with buyers. In many markets, buyers are not willing to negotiate – their attitude to the farmer is take it or leave it. Historically in the United States, farmers have been price takers, subject to the prevailing policy of cheap food. The Farmers Legal Action Group (FLAG) has developed extensive materials to guide farmers in writing contracts – see their website: www.flaginc.org. In the face of corporate buyers with vastly more market power, farmers may need to form associations or cooperatives to attain the bargaining power necessary for negotiations on a more level plain. The Rural Development Division of the US Department of Agriculture has a Cooperative Service Program which offers technical assistance and materials on how to form a farmer cooperative. 3.1. Resources on Calculating Cost of Production

Excerpts from: Jonell Michael. Finances & the Future of Growing Food: An Annotated Budgeting Resource List for Farmers.

Table of Contents

I. Introduction II. Annotated Resource List

a. Books b. Speakers/Presenters & Training Programs c. Online Documents d. Enterprise Budgets e. Websites

III. Additional References Introduction The Importance of Budgeting & Recordkeeping In our contemporary era, there are many elements working against the small farmer. It is a commonly held misconception that one cannot make money by farming organically on a smaller scale, and this simply is not true. With a bit of know-how, it becomes easy to increase the profitability of one’s agricultural business. Budgeting is undoubtedly one of the keys to financial success. Without this means of keeping track of and allocating funds and resources in an efficient manner, it becomes nearly impossible to ensure that all production costs are covered, let alone that a suitable living is earned. Surely, if a farmer is not able to earn a living herself, how is she able to properly pay her workers? One must know all of her production costs in order to determine whether she is making a profit by producing a given product. To assure that all costs are accounted for, it is imperative that one


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has a thorough record keeping system to track them. (This point is critical and cannot be downplayed!) It is imperative to consider all potential costs when making alterations to an operation or embarking on a new enterprise. Moreover, knowing past production costs assists with making budgeting and production decisions in general.

This resource guide points one to a wealth of information on a variety of financial management-related topics, with a general focus on budgeting, calculating production costs, and recordkeeping. It is divided into five sections based on resource type and includes books, training programs/workshops & presenters, online documents, enterprise budgets, websites, and an additional resources section. Furthermore, this project is a work in progress. It is my hope to eventually include feedback from farmers that have utilized various resources; should you be willing to provide such feedback for any of those listed (particularly training programs/workshops), please contact me via e-mail at [email protected]. If there is a resource not listed that you have found to be useful, please do not hesitate to bring it to my attention so that it may potentially be included. Key Terms Assets- Resources owned by or owned to the business. Balance Sheet- a financial statement that shows the financial condition of the business at a specific point in time. A balance sheet lists all assets and liabilities and the resultant owner equity. Budget- a systematic way of organizing relevant farm management information by listing expected income and expenses. Crop Enterprise Budget- an organized listing of your estimated gross income and costs which can be used to determine the expected net income for a particular enterprise. You calculate this type of budget on a per unit basis, such as an acre of land or head of livestock, for 1 year or one production period. Depreciation- The allocation of the original cost of a capital asset over the useful life of the asset. Direct Expenses- Expenses that are directly related to a production activity such as seed. Indirect Expenses- Expenses that are not directly related to a production activity such as depreciation. Liabilities- Debts owned by the business. Long-Run Profitability- the income-producing ability of a business or a segment of a business in the long-run (more than 5 years). Long-run profitability is usually studied through the use of budgets (!).


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Opportunity Cost- The income that could have been received if a resource had been used in its most profitable alternative use. Overhead Costs (Fixed Costs)- Expenses that do not vary with changes in output for the production period under consideration. Examples include real estate tax, depreciation, and interest on land. Profitability- The ability of the business to generate income in excess of expenses. Profitability can be analyzed using the income statement, the balance sheet, and financial ratios. Profit and Loss Statement (Income Statement)- a financial statement that provides a summary of income accrual and expense for a specific time period, such as a calendar or fiscal year. The income statement is useful in analyzing the financial performance or profitability of the business. Short-Run Feasibility- The income-producing ability of a business or a segment of a business in the short-run (1-5 years). Short-run feasibility is usually studied through the use of a projected cash flow. Variable Costs- Expenses that vary with output for the production period under consideration. Examples include hired labor, seed, fuel, feed, etc. (Most variable costs are also direct expenses.) Partial Budget- Many changes in a farm business do not require complete reorganization. The partial budget is an appropriate tool in analyzing these kinds of changes. Examples where partial budgeting is useful include the examination of the addition of an enterprise, an examination of a change in enterprise size, or an examination of asset purchases. Statement of Cash Flows (Historical)- a financial statement that shows the dollars flowing in and out of the business. The cash flow statement is often divided into operating, investing, and financing activities. Cash flows can be presented by week, month, quarter, or year for each income and expense category. Statement of Cash Flows (Projected)- an estimate of the cash inflow and outflow for a business for some future time period.


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Annotated Resource List Books This is the most comprehensive resource we have found and includes spread sheets that you can modify with data from your own farm.

1. Wiswall, Richard. The Organic Farmer’s Business Handbook: A Complete Guide to Managing Finances, Crops, and Staff—and Making a Profit. Vermont: Chelsea Green Publishing, 2009.

“Profit = income – expenses” is sure to become one’s mantra upon the completion of this book. This book is an indispensible resource for farmers involved in all types of enterprises, though it is directed toward the vegetable grower. Wiswall’s wise management and recordkeeping advice will enhance any farmer’s financial (as well as staff) management and administration skills overall regardless of the level of previous experience or type of enterprise(s) involved. It is also quite accessible to the beginning farmer with less experience. While the focus of this resource list is on the expense end of the profit equation, The Organic Farmer’s Business Handbook is among the most comprehensive financial management resources available, covering everything from goal setting and budgeting for profit, to record keeping for expenses and labor on a per crop basis, not to forget marketing and management strategies. This book points to the fact that maintaining thorough expense and labor hour records, as well as sales records, is pivotal to the development of a sound budget and increasing overall farm profitability. The fourth chapter walks the reader through creating crop enterprise budgets and contains worksheets detailing costs to be included in budget calculation, as well as sample budgets for kale, broccoli, and greenhouse tomatoes. A CD accompanying the book contains spreadsheets that assist in the process of crafting documents such as profit and loss statements and cash flow projections, as well as crop budget templates and over 20 model budgets. An example of an employee job description and timesheet are also included, along with a payroll calculator.

The book price is listed at $34.95. Purchase information can be obtained at Richard’s farm’s website: http://www.catefarm.com/richardsBook.html

2. Henderson, Elizabeth and Karl North. Whole Farm Planning: Ecological Imperatives,

Personal Values and Economics. Northeast Organic Farming Association. Athol, MA: Highland Press, 2004.

An excellent small manual addressing the three-fold nature of farm sustainability, Whole Farm Planning provides a highly enjoyable and readable perspective on assessing farm profitability through a lens of not only an economic, but also ecological and social (in reference to both personal and community values) sustainability. A section of chapter four in particular, entitled, “What You Need to Know about Farm and Food System Economics—Farm Scale and World Scale,” discusses record keeping and holistic financial planning, which includes a detailed section on planning for profit, expenses, and income.


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3. Minnesota Institute for Sustainable Agriculture. Building a Sustainable Business: A Guide to Developing a Business Plan for Farms and Rural Businesses. Beltsville, MD: The Sustainable Agriculture Network, 2003.

While it is an incredibly useful tool, this book is undoubtedly geared toward one who has never before created a business plan and likewise has little (if any) prior financial training or expertise, as implied by the title. Rather than being divided into chapters, Building a Sustainable Business is divided into “tasks,” the first of which calls the reader to assess her values, both individually and those that she has in common with her business partners. The second task is centered on the assessment of the “current situation” of the reader’s farm, requiring reflection on its history with a multi-faceted consideration of operations, available resources, and management; finances and risk exposure; marketing, distribution, and pricing; and finally, human resources. Next, the focus is on setting and prioritizing goals to guide future development, along with the creation of a mission statement. The section closes with the preparation of the mission, vision, and goals sections of the reader’s business plan and is followed by a strategic planning task, encompassing future marketing, operating, financial, and human resources strategies. Many of the typical financial documents are discussed, such as income statements and balance sheets. Regarding production costs in particular, Task 4 is the most pertinent. A corresponding blank worksheet assists the reader in the recording and calculating of annual fixed and variable costs for potential “whole-farm strategy alternatives.” The interactive format of this book is one of its most desirable qualities; it is teeming with blank worksheets that walk the reader through creating her first business plan, step by step. Examples from real-life business plans of other operations inserted along the way facilitate the process and provide an added level of tangibility.

Copies of this publication are available for purchase online ($17):http://www.sare.org/publications/all_pubs.htm

Presenters & Workshops/Trainings

4. Arnold, Paul & Sandy. “Recordkeeping on a Small Diversified Farm.” Jan 2009.

Owners of Pleasant Valley Farm in Argyle, New York, Paul and Sandy Arnold are well-known in the northeast for their ecologically and economically sustainable business practices, often giving talks to college classes and presenting workshops to groups of farmers. The location at and function for which this particular workshop was given is unknown. Accessible by visiting the first link listed below, this excellent presentation outlines recordkeeping methods used in creating and maintaining production planning and seeding/planting records, as well as harvest and sales records. Using merely one record sheet per farmers’ market per month, for example, the Arnolds illustrate not only the importance, but also the potential ease of recordkeeping. Operating under their “basic farm rule for viability,” that a given crop must have the potential to yield $15,000 per acre, a harvest spreadsheet is used to determine a given crop’s profitability by looking at the total quantity of a crop sold and the total accompanying monetary value. In the presentation, the couple warns of system-specific variables such as plant spacing that make it critical for each farmer to run her own numbers when applying these concepts. Being an operation that is focused on marketing primarily through farmers’ markets, marketing


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considerations are also discussed. Finally, timing records detailing what task performed on each crop when are also outlined, which allow the Arnolds to determine a crop’s profitability on an hourly basis as well as per acre.

http://www.uvm.edu/vtvegandberry/Farm%20Budgets/Arnolds%20Recordkeeping.pdf

Below is the web address to an article discussing a presentation given by the Arnolds at the Upper Midwest Organic Farming Conference, entitled, “Profitability through Season Extension.”

http://newfarm.rodaleinstitute.org/depts/talking_shop/0403/seasonextention.shtml

5. Blomgren, Ted. “How to Build a Successful CSA with a Successful Bottom Line.”

Workshop. Young Farmers Conference. Stone Barns Center. 4 Dec 2008. I had the pleasure of attending this workshop given by Ted Blomgren of Windflower Farm (Valley Falls, NY) at the Young Farmers Conference in 2008. It provided an excellent overview of the “number crunching” that some farmers tend to avoid and looked specifically at fixed versus variable production costs, in addition to depreciation. More than willing to share his operation’s financial information, the presentation contained numerous examples of the farm’s financial records kept in spreadsheet format to effectively illustrate the main points of the presentation. Ted will be giving an updated and expanded version in January ’10. If able, I will provide a link to that presentation as soon as possible. In the mean time, the following is a link to a synopsis of a talk given by Blomgren at the 2003 New England Vegetable and Fruit Conference entitled, “Novel Structures for Extending the Cut Flower Season.” http://www.newenglandvfc.org/2003_conference/proceedings_03/greenhouse_season_extension/novel_s

tructures_extending_cut_flower_season.pdf

6. “Farm Beginnings Program.”

First administered in the late 1990’s, the Farm Beginnings Program was developed as a Land Stewardship Project initiative to strengthen farmers’ business planning skills, ability to plan at the whole-farm level and to set goals and refine values, as well as expand knowledge on sustainable farming techniques. It was created to provide a fusion of two differing pedagogies: classroom and on-farm learning with other farmers as the instructors. Moreover, the Farm Beginnings Program serves as a support mechanism and provides mentorship opportunities for new farmers. See the link for a complete list of Farms Beginnings Program offerings by state.

http://www.landstewardshipproject.org/fb/whatisfb.html


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7. “Grow Your Small Market Farm Business Planning Program.”

This program was developed in Iowa in 2001, with an obvious focus on food and fiber producers and their farm businesses. The goal of the program is to assist farmers in developing a business plan in addition to improving financial management skills in general. Participants in the program are taught to use software such as Quick Books Pro to maintain financial records. Like other programs of its type, the GYSMF Business Planning Program has a strong emphasis on building farmer-to-farmer support connections.

http://www.leopold.iastate.edu/research/grants/2008/M2005-19.pdf

8. “Hudson Valley Farm Beginnings Program.” Hawthorne Valley Farm.

Modeled after Farm Beginnings Programs in the mid-west and created and taught by sustainable farmers throughout the northeast, this approximately four month course is conducted primarily at Hawthorne Valley Farm in Ghent, NY. Field days are also spent at other farms in the region.

http://www.hawthornevalleyfarm.org/education/farmbeginnings.htm

9. Munsch, Jim. “The Beef Cost Model” and “The Vegetable Cost Model.” Workshops.

Pricing and Profits: Making the Right Financial Decisions for Small-Scale Farmers. Southern Sustainable Agriculture Working Group Conference. 2009.

Jim Munsch is the owner of Deer Run Farms (WI), where he raises certified organic grass-fed beef. Currently in the process of developing a “user-friendly vegetable production costing tool” in cooperation with the University of Wisconsin, Munsch also frequently presents at various conferences and functions throughout the mid-west and elsewhere, whether speaking on grazing systems or farm financial management. The link listed below will provide access to both of the PowerPoint presentations listed above (in PDF format): “The Beef Cost Model” and “The Vegetable Cost Model.” “The Beef Cost Model” presentation opens by stating that it can hypothetically serve as a model for all meat, eggs, and milk/milk product production. Munsch’s flow of logic begins by identifying a customer base and the “basket of goods or services” that will be provided to them. It is then that a price range is determined. Next, one figures the cost to produce that basket of goods/services within her “value parameters;” when one compares that cost with the pre-determined price range, she is able to ascertain whether or not it is possible to make a profit. After making modifications, if no profit can be made, Munsch then advises to not to it or to “do it as a hobby.” Charts illustrating the correlation between meat cuts and animal yield are shown. He also warns of the weaknesses of various production cost resources, such as the issue of needing to know one’s input and opportunity costs when using publicly available estimation tools, for example. Munsch then details the process of developing a cost model for one’s operation, providing examples and cost estimations. Equipment owning and operating costs are also covered.


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Much like “The Beef Cost Model,” “The Vegetable Cost Model” can serve as a template for vegetable CSA, market, and wholesale operations, as well as flowers and fruit. His methodology in approaching pricing and enterprise selection is the same as the first presentation and he again outlines some helpful tools available. Munsch encourages the audience to look at profit reports on a channel by channel basis, as well as the production costs for each crop prior to the inclusion of overhead, which affects pricing, production, and cost structure decisions. As with the beef model, there is an emphasis on calculating costs for each step in the production process. This presentation has helpful “cost tree” diagrams, providing a visual aid that depicts all costs involved in harvesting, cleaning, and packing, for instance.

http://www.ssawg.org/ed-sessions.html

10. “Organic Farming Financial Benchmarks Webinar by eOrganic.” Online Seminar.

Cornell University Cooperative Extension. This hour-long webinar is conducted by Dale Nordquist of the Center for Farm Management at the University of Minnesota. The data used therein was adapted from FINBIN, the correlating database to FINPACK farm financial analysis and planning software, which contains “benchmark financial information” allowing producers the opportunity to compare aspects of their operations to the data collected from participating operations using the software. In the webinar description, FINBIN is touted as being the “largest and most accessible sources of farm financial and production benchmark information in the world.” As indicated by the title, the webinar is focused on the information provided by participating organic producers. This information is particularly helpful, as much of the pre-existing benchmark data available is reflective of higher-input (comparatively speaking) conventional production methods. Debuting on January 12, 2010, “Organic Farming Financial Benchmarks Webinar” is viewable any time through the eOrganic Webinar Archive (see the link below).

http://www.extension.org/article/24985

11. “Strategic Farm/Ranch Planning and Marketing.” Online Course. SARE National

Continuing Education Program in Sustainable Agriculture. Created mainly for agricultural/community development professionals and cooperative extension and NRCS employees, there are a series of online courses available through Sustainable Agriculture Resource Education (SARE). This specific course is tailored to the beginning farmer, or to those that are “exploring new business ideas” and/or in a transitional phase. The course is divided into three sections: Planning and Business Development, Marketing Opportunities and Strategies for Sustainable Farm/Ranch Businesses, and Managing the Farm/Ranch Business for Long-Term Success. For more information and to learn about enrollment, see:

http://www.sare.org/coreinfo/ceprogram.htm


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12. “Tilling the Soil of Opportunity.” NxLevel. NxLevel is a non-profit organization that has enabled the development of a series of entrepreneurial courses that vary in focus and are administered throughout the country. This particular 10-session course is available to those in the “alternative agriculture” (the farmer that is engaged in smaller scale sustainable agriculture, as opposed to conventional commodity-oriented agriculture) field and covers resource assessment, production planning, budgeting, and other financial management topics. To see if “Tilling the Soil of Opportunity” is taught in your state, visit the link listed below.

http://www.nxlevel.org/Alt_Agg.htm

13. Wiswall, Richard. In addition to farming in Vermont with his wife at their operation, Cate Farm (VT), and being an author, Wiswall often presents at farming conferences and gives other workshops. To keep up with his schedule and catch an opportunity to see him speak, visit the following link:

http://www.catefarm.com/news.html

Also, for your listening pleasure, the following is the web address for a Vermont Public Radio program on which Richard spoke, the title of his talk being “The Business of Organic Farming.”

http://www.vpr.net/flash/audio_player/audio_player.php?id=29634

Online Documents

14. Burt, Larry and Blair Wolfley. “Production and Marketing Costs.” Farmer-to-Consumer Marketing: The Series. Pacific Northwest Extension. <http://extension.oregonstate.edu/catalog/pdf/pnw/pnw202-e.pdf>.

This Pacific Northwest Extension publication, a collaboration between Oregon and Washington State University and the University of Idaho is fairly basic in terms of the information given, but is quite helpful to the beginning farmer, for example. Opening with the explanation of the importance of understanding production and marketing costs and creating budgets, the document then thoroughly outlines fixed versus variable production costs and interest calculation. Other sections of the publication cover conducting a breakeven analysis, profitable crop identification, and variable cost decision making.

15. Frain, Michelle. “Practical Numbers, Quicker than You Think.” Rodale Institute. <http://newfarm.rodaleinstitute.org/depts/NFfield_trials/factsheets/pricing/index4.shtml>.

Provides very simple introductory information on different types of budgets (enterprise, partial, whole farm, cash flow) as well as the benefits to creating annual enterprise budgets. Accounting styles are also mentioned and a crop enterprise budget template included.


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16. Kastens, Terry. “Farm Machinery Operation Cost Calculations.” Kansas State University

Agricultural Experiment Station and Cooperative Extension Service, May 1997. <http://www.ksre.ksu.edu/library/agec2/mf2244.pdf>.

As detailed in this bulletin, the costs associated with owning and operating farm equipment must not be overlooked and their importance not underestimated. One must carefully assess equipment costs when selecting most profitable enterprises of her operation, investigating a shift in enterprise type or scale, or minimizing production costs in general. The first portion of the document focuses on developing an understanding of how equipment is valued over time, with the second looking at “traditional operating costs.” The final portion covers fixed ownership costs, such as taxes and financing.

17. Langemeier, Michael R. and Rodney Jones. “Important Farm Business Terms Defined— Finance.” Department of Agricultural Economics. Kansas State University, 2009. <http://www.ksre.ksu.edu/library/agec2/mf477.pdf>.

An excellent reference tool, this document effectively decodes the financial jargon that can potentially be confusing to one who has no formal business training. Grouped by type rather than alphabetically for ease in referencing, “Important Farm Business Terms Defined” encompasses over forty definitions under the following headings: Cash, Income, Gross Income, Expenses, Net Income and Returns, Balance Sheet, Assets, Liabilities and Owner Equity, and Budgeting versus Cash Flow. Although it is somewhat basic information, it is an ideal starting point when looking to enhance one’s financial management skills as a farmer.

18. “Partial Budgeting for Agricultural Businesses.” College of Agricultural Sciences, Pennsylvania State University. Agricultural Research and Cooperative Extension, 2002. <http://agmarketing.extension.psu.edu/Business/PDFs/PartlBudgetAgBus.pdf>.

Partial budgeting is clearly explained in this document as a way of analyzing costs and benefits of a given shift in operations. The reader is shown not only in what instances, but also how to create a partial budget.

19. Wright, Bill. “Crop Budgets for Direct Marketers.” Emerging Agricultural Markets Team, University of Wisconsin Cooperative Extension. < http://cecommerce.uwex.edu >.

This University of Wisconsin Cooperative Extension information sheet covers the importance of record keeping, the structure of a specialty crop budget, and risk reduction strategies.


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Enterprise Budgets

20. Agricultural Alternatives: Organic Vegetable Production.” Penn State- Cornell Cooperative Extension. <http://agalternatives.aers.psu.edu/>.

This website provides a host of links to fact sheets on the production of livestock, vegetables, fruit, and even apiculture. Fact sheets contain not only basic production information, but marketing, enterprise budgeting, and financing information as well.

21. Born, Holly. “Enterprise Budgets and Production Costs for Organic Production.”

ATTRA. <http://www.attra.org/attra-pub/enterprisebudgets.html>.

In addition to a comprehensive list of links to available budgets for organic vegetables, fruit and nuts, herbs, commodity crops, and livestock, Holly Born also includes some basic information on enterprise budgets.

22. Chase, Craig. “Developing Enterprise Budgets for Organic Crops.” Ag Decisionmaker.

Iowa State University, University Extension. < http://www.extension.iastate.edu/agdm>.

This resource provides a step by step guide to creating crop enterprise budgets and presents a series of items for consideration. Machinery cost estimates are included. Available organic enterprise budgets are also listed by state in the reference section of the document.

23. Johnson, Dale, Billy V. Lessley, and James Hanson. “Fact Sheet #545: Enterprise

Budgets in Farm Decisionmaking.” <http://www.smallfarmsuccess.info/management/print_545.cfm>.

The information on this website begins with a discussion of the various components of an enterprise budget: variable costs, fixed costs, gross income, and income above selected costs. The significance of calculating break-even prices and yields and how to do so is also covered. Corn and cow-calf beef enterprise budget sheets and information charts are included as examples. While modeled after a conventional operation, there is potential to adapt record templates to one’s own operation.

24. Johnson, Dale. “Fact Sheet #546: Cost and Revenue Considerations in Farm Management Decision making.” < http://www.smallfarmsuccess.info/management/print_546.cfm>.

25. “Organic Production Practices: Northeastern United States.” <http://www.agrisk.umn.edu/Budgets/Display.aspx?RecID=15&Pg=1>.

Provides links to enterprise budgets created by the Rutgers Cooperative Extension for field crops, certain vegetables, apples, dairy goats, and spring lamb.


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26. Listed below are a group of links to beef enterprise budgets and production cost information from various sources:

http://www.uwex.edu/ces/animalscience/beef/resources.cfm http://www.extension.iastate.edu/agdm/

www.iowabeefcenter.org/content/Organic_Natural_Grass_Fed_Beef_2006.pdf

Websites

27. “How do I determine my cost of production?” College of Agricultural Sciences, Pennsylvania State University Cooperative Extension. <http://farmbusiness.psu.edu/announcements/faq/budgets/cost-of-production>.

28. “Interactive Smartform Budget.” Rutgers New Jersey Agriculture Experiment Station.

<http://www.agrisk.umn.edu/Budgets/Display.aspx?RecID=15&Pg=1>. This key resource allows one to figure her net return per acre on a given crop. Simply by filling in information applicable to one’s operation on the template and omitting sections that are not, the net return is calculated automatically. It is suitable for conventional, IPM, and organic producers alike and is altered dependent on which of those listed is selected. The “Interactive Smartform Budget” is certainly worth investigating as a resource, albeit the crop selection is somewhat limited and livestock is not included in the model. (Also, please note calculation assumptions at the bottom of the form.)

29. Johnson, Dale M. “Fact Sheet #790: Milk Production Costs: How Much Does It Cost You To Produce 100 Pounds of Milk?” <http://www.smallfarmsuccess.info/management/print_790.cfm>.

Other Resources Agriculture Network Information Center. < http://www.agnic.org/>. “Alternative Marketing and Business Practices.” Alternative Farming Information Center,

USDA National Agricultural Library. <http://afsic.nal.usda.gov/nal_display/index.php?info_center=2&tax_level=1&tax_subject=299>

College of Agriculture and Resource Economics. University of Maryland.

<http://www.arec.umd.edu/Extension/FarmandFinancialManagement/index.cfm>. FINBIN Farm Financial Database. Center for Farm Financial Management.

<http://www.finbin.umn.edu/default.aspx?PG=About>. Kurtz, James N. Financial Management Series #1-5.Ag Business Management. University of

Minnesota Extension, 2009. <http://www.cffm.umn.edu/Publications/pubs/FarmMgtTopics/FinancialManagementSeries.pdf>.


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Lessley, Billy V. et. Al. “Using the Partial Budget to Analyze Farm Change.”

<http://www.smallfarmsuccess.info/management/print_547.cfm>. McCorkle, Dean et. Al. “Financial and Economic Terms.” Department of Agricultural

Economics. Kansas State University, 1999. <http://www.oznet.ksu.edu>. Organic Price Report. Rodale Institute. <http://www.rodaleinstitute.org/Organic-Price-Report>. Pinney, Constance et. Al. “Budgeting for the Small Business.” United States Small Business

Administration, 1991. Sustainable Agriculture Resource Education <http://www.sare.org/>


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3.2. Self Assessment Checklist for Fair Negotiations, Pricing, and Contracting between Farms and Buyers (revised July 2010) This checklist is designed as a tool to help farmers and buyers run through the AJP fair pricing standards (on the left) to see if they are already in compliance and to identify the areas they may need to work on prior to seeking certification to the AJP standards. This is based on the standards regarding farmer responsibilities to certified buyers and buyer responsibilities to farmers. Examples of the types of documentation that are likely to demonstrate compliance with the standards are listed on the right; however, adequacy of documentation is ultimately up to the certifier (who may request additional documentation). Standards are also verified during audit interviews with farmers and buyers.

AJP Standard √ Examples of Documentation

Contracts and Bargaining Process 1. Does buyer respect farmer right to Freedom of Association and right to negotiate pricing and conditions of trade?

-Stated in contracts provided to and signed by farmer and buyer (for buyer certification).

2. Do farmer and buyer have written contracts?

-If no written contract, audit must show that verbal agreement is clearly understood by both parties and that farmer chooses to not have a written contract (for buyer certification).

3. If farmer markets with other farms as a coop or marketing association of any kind, does buyer recognize farmers’ right to select a representative democratically, free of interference from buyer, or to form a union? Does the buyer recognize and negotiate with farmers’ representative?

-Both buyer and farmer representative confirm during audit (for buyer certification).

4. Does farmer/buyer contract, written or verbal, include a conflict resolution process (including agreement to use AJP conflict resolution process if necessary)?

-Conflict resolution process outlined in written contracts provided to and signed by farmer and buyer (for both farmer and buyer certification).

5. In the absence of written contract, is there a way for farmer or buyer to resolve conflicts and submit complaints free from retaliation?

-Testimony of farmer and buyer during audit (for both farmer and buyer certification).

6. If written contract, does it include terms for: -price setting, -quality, -quantity, -shipping schedule, -equity-sharing, -other benefits, -standards, -conflict resolution (including use of AJP conflict resolution process if needed) -right of farm to be paid first if buyer goes out of business, and -any pre-finance/credit arrangements (if applicable)?

-All items included in written contract (for buyer certification).


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7. Do farmer and buyer have a long-term relationship?

-Farmer and buyer records of years of trade (for both farmer and buyer certification).

8. Are farmers free to share pricing information with other farmers?

-No restriction in contract with buyer (for buyer certification).

9. Does the buyer share market information with farmers?

-Price lists or other documentation (for buyer certification).

10. Does buyer share copy of written contract with farmer in language farmer understands?

-Written contract; confirmed by farmer (for buyer certification).

11. If buyer or farmer changes contract, was it done through negotiation?

(for farmer and buyer certification).

12. Does farmer have access to buyer’s files on farmer and farm?

-Farmer confirms (for buyer certification).

13. If buyer goes out of business, is farmer first in line to collect what buyer owes him/her?

-In contract (for buyer certification).

14. Are standards for grading and price differentials clear and transparent?

-Written standards for grading and pricing (for both buyer and farmer certification).

15. Does buyer provide information on total amount farm delivered and total amount paid to farm?

-Written report to farmer (for buyer certification).

16. Does agreement with buyer allow farmer and buyer three days to change his/her mind and cancel agreement?

-Written agreement (for buyer and farmer certification).

17. If contract requires farmer to make capital investments, does agreement require that should buyer terminate contract, certified farmer can collect damages related to any significant capital investment that is required as part of the contract?

-Stated in written contract (for buyer certification).

18. Do farmer and buyer practice anti-discrimination policy in setting agreements, contracts, pricing, benefits, or any other capacity, based on race, creed, color, national or ethnic origin, nationality, gender, gender identity, age, handicap or disability, union or political activity, immigration or citizenship status, marital status, or sexual orientation?

-Buyer anti-discrimination policy (for buyer certification) -Farmer anti-discrimination policy for buyers (for farmer certification) -In contract signed by both farmer and buyer (for farmer and buyer certification).

19. Do farmer and buyer treat each other with respect?

(for both buyer and farmer certification)

20. Does buyer buy directly from farmers without brokers or intermediaries?

-Buyer policy (for buyer certification).

21. Has buyer terminated agreement with farmer without just cause during the past year?

-For any involuntary terminations buyer has documentation of reasons and process used and has documented steps leading up to termination such as written report on repeated quality or quantity problems (for buyer certification).


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Fair Pricing 22. Does the price farmer receives cover farm’s costs of production, including living wage for farmer, plus a fair margin for profit and investment and the ability to pay fair wages and other benefits for farmer, farm family and all farm workers?

-Farm profit and loss statement for most recent year (for buyer certification). This can also demonstrate ability or inability to pay living wage to farmworkers (for farmer certification).

23. Does farmer share farm costs of production with certified buyer for purpose of fair prices setting?

-Documentation of transfer of costs of production (e.g., email or signed statement from buyer or buyer) (for farmer certification).

24. Are prices negotiated with buyer? (for buyer certification) 25. Does buyer pit farmers against one another to drive prices down?

-Farmer testimony (for buyer certification)

26. If the market shows extreme volatility, does buyer negotiate a minimum fair price with farmer that overrules market price that is based on: -World regional price AND -Farmer and buyer costs.

-Pricing records (for buyer certification). -Farmer and buyer financial records.

27. Does price paid to farmer go up if buyer income goes up due to that farms’ products?

(for buyer certification)

28. If buyer cannot pay fair price, does buyer share financial records with farmer?

-Buyer financial records and documentation that these have been provided to farmer (such as signed statement from farmer or email transaction) and farmer confirms (for buyer certification).

29. If buyer cannot pay fair price, does buyer have written plan to eventually pay fair price?

-Written plan to eventually pay fair price with details for executing plan, such as timeline or sales and profit criteria (for buyer certification).

30. Buyer does not ever dock payments to farmer excessively or for unwarranted reasons.

(for buyer certification)

31. Does buyer pay in a timely manner? -Payment records (for buyer certification). 32. Does buyer have policy of sourcing from local or regional farms?

-Buyer policies and purchasing records (for buyer certification).

33. If buyer pays for AJP certificate for farm, do buyer and farm have agreement to allow farm to sell to other markets?

-Written agreement and/or confirmation from farmer (for buyer certification).

Continual Improvement


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34. Farmer or buyer has selected one area in terms of trade to work on for continuous improvement and has made progress over time.

-This can be a continuing improvement point outlined in the standards or an area identified by the farmer or buyer as fitting the principles of the fair trade sections. Documentation of efforts made and if it did not succeed: documentation of why it was not successful or was delayed and adjustments made to continuing improvement efforts (for buyer and farmer certification).

35. Farmer demonstrates commitment to continuously improving their farm operation in terms of quality and skill of calculating costs of production.

(for farmer certification).

3.3. Templates for Farmer as Seller Please note that written agreements can include the kind of flexibility needed by both sides. Small scale farmers may not want to be held to an exact number of pounds delivered on a date certain. Conditions are too variable. Stores may not want to be held to an inflexible agreement either because they want to choose product based on quality and the fluctuations of actual sales. Where a friendly network of farmers and coops exists, written agreements may seem like overkill, more paper wasted. A paper trail makes verification possible and the effort of putting the terms of a buyer-seller relationship on paper can help clarify expectations on both sides. Contracts between Farmers and Buyers While organic farmers who sell fresh produce to food coops and other independent retailers rarely feel the need for contracts, more and more farmers are faced with selling to much larger commercial entities where contracts are either required or might be advisable. We reproduce in this Toolkit, Jill Krueger’s “Before you Sign on the Dotted Line…Questions for Farmers to Ask Before Entering a Direct Marketing Agreement,” 2005 (Annex 1). Krueger is one of the lawyers in the Farmers Legal Action Group (FLAG, website www.flaginc.org). FLAG has done great service over many years helping farmers with legal problems. The FLAG website has other resources on contracts that farmers may want to consult:

1. “The Dilemma of Contracting: Risk Management or Risky Business?” by Susan E. Stokes, provides a realistic appraisal of the advantages and dangers of contracts, and background on the limited existing federal and state legislation protecting farmers.

2. “When Your Processor Requires More than Organic Certification: Additional Requirements in Organic Milk Contracts,” by Jill Krueger, 2008.

3. “Hushed Up: Confidentiality Clauses in Organic Milk Contracts,” by Jill Krueger, 2008. On its website, the State of Iowa has a library of production contracts, and a checklist of what should be in a contract: www.state.ia.us/government/ag/working_for_farmers/contracts.html A quick summary of the advice on contracts: read the contract carefully before you sign anything! Be sure that you get a copy of the contract and that it includes in writing the terms of payment and the length of the agreement. Be sure you understand what is required, what the criteria are and who determines whether requirements have been met. You do not have to agree


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to every clause: cross out, date and initial clauses you do not like and the buyer may accept your terms. Make sure there is a conflict resolution process included, preferably in the form of an ag. mediation since arbitration is much more expensive. In addition to Krueger’s article (Annex 1), we include a food coop’s buyer/farmer guidelines and a sample contract between a food coop and a produce farmer, and a sample CSA member contract. 3.3.1. Sample Buyer/farmer guidelines Buyer has developed these guidelines in an effort to grow as a reliable market for local farmers, with a focus on organic farmers, and to be a place where consumers know they can come to consistently find quality local/organic farm products in season. Ideas from farmers, customers, co-ops and others still are welcome and could provide good tools into the future. 1. Buyer will make agreements with growers to purchase a crop, which will be either a percent

or estimated full amount of the co-op's needs. In addition to the fresh produce department, potential also may be available for sales in the co-op's deli and for frozen or canned food products. The co-op encourages farmers to initiate dialogue if they see such potential, and the co-op will do the same.

2. The grower agrees to supply the co-op with the agreed upon crop and will not abandon the

co-op for other sales opportunities at the time the crop is ready. 3. Buyer's agreement to buy is a commitment to not buy the same product from more than one

source at a time while product is available from the primary grower and of acceptable quality and quantity to meet customer demands. Exceptions are as follows: a. The co-op is committed to providing its customers with local organic produce whenever possible. If a local organic producer is not identified at the time Buyer is reaching its grower agreements, an agreement may be reached with another organic supplier. Buyer reserves the right to also bring in local organic product if it is available at a later date, as well as organic product from outside the region.

4. Buyer places a high value on its long-term relationships with dependable suppliers, and will

not lightly dissolve such relationships from year to year. In fact, the co-op sees those relationships as key to its success in offering customers a reliable source of local organic produce. Buyer also wants to encourage the development of more organic farms in the region, as one of its other goals is to help the market expand, encourage the resurgence of small family farming and spur more widespread ecological care of the land.

5. A price is agreed upon for each growing season. We consider the following factors in

determining the wholesale price paid. a. Retail price of competitors in the area for similar product. b. Retail price of product at local Farmers Markets and Farm Stands(within 5% of market.) c. Once a price is set for season the price will not change unless the grower has an excess of crop and would like to do a special run. Other than that the cost of goods will stay the same. It will not be influenced by any commercial market price.


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6. The producer is expected to immediately contact the co-op when any obstacles or potential

obstacles are known, such as crop damage or disease that will reduce the agreed upon volume of crop or quality of the crop. This will allow the co-op to locate additional suppliers to fill volume gaps. The co-op will create a list of local suppliers who would like to be called to fill gaps if a primary supplier is unable, even temporarily, to provide the co-op with all its produce needs.

7. When the product is presented to the co-op it is expected to be clean and first quality, under

guidelines discussed in advance with the produce department. If this is not the case, the order may be refused or further adjustment of the price may be negotiated.

8. The co-op is committed to public education regarding the benefits of organic and local

agriculture. It is developing the skills and resources to fulfill this commitment, but also hopes that farmers will supply insight, information and expertise. Ideas include farmer profiles (farm) in the store; crop updates to show consumers the seasonal challenges and victories experienced by the farmers who produce their food; educational materials regarding health, ecological and cultural issues relating to our food supply; fact sheets to explain and put into context surface blemishes that sometimes occur with organic crops; recipes that use fruits and vegetables when they are in season; Farm Tours for members; and Meet the Farmers days at the store.


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3.3.2. Production and Marketing Agreement

This production and marketing agreement was worked out with _________ (name) of _______ Farm of __________ (location) and __________ (name) of __________ (food retailer). 1. Commitment:

The __________ (food retailer) agrees to purchase ____________ (produce item) from _________ Farm for the ______ (year) growing season. Target price is $______ for ___________ (quantity, how packaged) ________ (shipping or delivery option)

2. Standards:

1. ________ Farm agrees to maintain and active organic certification on all items they sell to the ________ (retailer). ________ (retailer) encourages __________ (farm) to submit certification paperwork on or before _______ (date) so that the certification can be at the _________ (food retailer) on or around __________ (date).

2. __________ (FARM) agrees to pack in containers that are acceptable to the organic industry and ___________ (retailer). Containers will contain a __________ (FARM) label on it complete with lot number.

3. __________ (FARM) will deliver to ___________ (retailer) number one quality produce in containers specified above.

4. __________ (FARM) will not knowingly use genetically engineered organisms or food irradiation as part of their production or handling.

5. __________ (FARM) will communicate via fax about projected availability 10 days in advance. This will ensure a smooth flow of __________ (FARM) commodities to ___________ (retailer).

3. Transportation:

__________ (FARM) agrees to deliver to ___________ (retailer) on and agreed upon delivery date and time.

4. Procurement of plants:

__________ (FARM) agrees to purchase starter plants from organically certified greenhouses or start their own plants.

5. Financial Consideration:

___________ (retailer) agrees to pay 10 days net from __________ (FARM) written invoices that are signed by a Produce Department employee. All credit requests will be mutually agreed on. __________ (FARM) will provide a credit memo to verify all credits.

6. Acts of Nature:

Both parties acknowledge if __________ (FARM), due to production problems of drought, hail, or flood, cannot fulfill this agreement, __________ (FARM) will notify Produce Team member/s _____________ (name/s) about the problem and the expected result.


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7. Product Marketing: a) __________ (FARM) will provide ___________ (retailer) with point of purchase materials,

such as __________ (FARM) product stickers and shelf signs. b) __________ (FARM) will provide 10 farm photos with their negatives (if requested) and

will allow ___________ (retailer) to reproduce, enlarge and use them as a consumer education project.

c) __________ (FARM) will provide personnel to assist in four 6-hour demonstrations to be mutually agreed upon. This will enhance sales of __________ (FARM) product through greater name recognition.

d) __________ (FARM) agrees to open their farm for a tour that will be set up by the Produce Manager. __________ (FARM) reserves the right to set terms and conditions of the tour.

The undersigned have agreed to the above written terms of this agreement. ________________________________ ________________________________ ____________, _____________ (FARM) _______________, __________(retailer) ________________________________ _______________, __________(retailer) Signed on ________________________________


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3.3.3. Sample CSA Member Contract Farmwork/Distribution Day___________________ Name 1 PAYMENT TERMS (YOUR

CHOICE)

Name 2 Partial Share: $300/season (4 x $75.00) Street Full Share: $400/season (4 x $100) City/Town Full Share: $480/season (4 x $120) Zipcode Full Share: $540/season (4 x $135) Phone Full Share: $680/season (4 x $170) Email Membership Fee: $15.00/household $15.00 I have a special talent to share: Additional Donation: My share feeds ______Adults and ______children

Total Owed CSA :

You are welcome as well to offer other amounts, voluntarily increasing your quarterly payments by $5 or $10 per payment if you can afford it, the money will go straight to the farmers!

Total Paid Today: _____________

Balance Due: _________________

____ Payments of _______ each

I will make payments on time (June, July, & August) either at distribution or by mail.

As a member of ____CSA, I commit to the following:

PARTIAL SHARE: FULL SHARE: I will work one 2 ½-hour distribution shift. I will work two 2 ½-hour distribution shifts. Date: __________________ Date 1:

________________ Date 2: ________________

I will work two 4-hour farm shifts (8:00 A.M.- Noon). I will work three 4-hour farm shifts (8:00 A.M.-Noon). Date 1: ________________

Date 2: ________________

Date 1: ________

Date 2: ________

Date 3: ________

• I will find a substitute for any shift I must change: For farmwork: contact ________________& for distribution

call scheduler __________________. • If I decide to withdraw from _______CSA, I will telephone _______________________. My vegetables will be

sent from the farm each week unless I withdraw. I understand that I am responsible for payment in full unless I formally withdraw from the organization.

• I am aware that food that is not picked up is donated to food programs.

As the farmers for the ________CSA, ________________ Farm commits to: • Do its best, in good faith, to provide each share with 4-5 (partial share) OR 7-11 (full share)

organically-grown produce items each of the 26 weeks of the harvest season.

Members & farmers share the bounty and the risk of farming. This is true when there is an abundant year and when there is a total crop failure.


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3.4. IFOAM Code of Conduct The following text, from the International Federation of Organic Agriculture Movements, is included here as a resource to be used voluntarily by participating AJP retailers. IFOAM Code of Conduct for Organic Trade: Basic Principles The Code of Conduct for Organic Trade is a starting point from which organic companies can work together to improve conditions of trade for all its members. The principles set out in the code were developed through a process of discussion with a range of organic actors around the world, and represent what organic trade should be about. Organizations are not expected to meet all of the principles, either upon signing up for the code or once actively participating in it, and there is no level of compliance needed before a company can begin to work with the code. Rather, the code is designed to be a gradual process, enabling shared learning between trading partners and exchanges of experiences between organic companies as to how the code can be implemented across a range of specific organizational and trade contexts. There is no right or wrong way to start implementing the code; the accompanying documents are intended to be used as guidelines only and are designed to enable your organization to measure its achievements over time. Commitment to Social Justice in Organic Agriculture -Social Justice is an integral part of organic agriculture and trade. Organizations commit to incorporate social justice principles into their every day activities. Transparency and Accountability of Negotiations -Trade negotiations in the organic supply chain are conducted in an open and transparent manner allowing for shared accountability between trading partners. Trading Relationships -Direct and long-term trading relationships, based on trust and mutual respect, are encouraged between trading partners Equitable Distribution of Returns -All supply chain partners are able to cover costs and receive fair remuneration for their efforts through prices that reflect the true value of the product. Risk sharing mechanisms are actively encouraged. Communication and Information flow -Supply chain partners communicate openly with each other showing a willingness to share information. Trading partners work together to ensure that producer demands for market information are met and that consumers can access information about how organic products are produced and verified. Skills development and Capacity Building -Trade-related skills development and social justice oriented capacity building are facilitated through learning exchanges between trading partners. Internal ethics -The principles of social justice within organic agriculture are integrated within each organization and are expressed through responsible relationships with employees and/or members, the local community and the environment. Supporting the Organic Community -Supply chain organizations support their local organic communities and contribute to the growth of the global organic movement.


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3.5 ILO Conventions on Labor International Labor Organization (ILO) core labor standards:

• Elimination of forced and compulsory labor (Conventions 29 and 105)

• Freedom of association and collective bargaining (Conventions 87 and 98)

• Elimination of discrimination in respect of employment and occupation (Conventions 100 and 111)

• Abolition of child labor (Conventions 138 and 182) Below we reprint the Conventions of the International Labor Organization and the Universal Declaration of Human Rights that inspired the standards in the Agricultural Justice Project Social Standards for Organic and Sustainable Agriculture The following quotations are from the Conventions passed over the past century by the International Labor Organization. Convention 20 (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association. (3) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (4) Everyone, without any discrimination, has the right to equal pay for equal work. (5) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (6) Everyone has the right to form and to join trade unions for the protection of his interests (7) Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25 (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.. Convention 87 PART I. FREEDOM OF ASSOCIATION Article 1 Each Member of the International Labour Organisation for which this Convention is in force undertakes to give effect to the following provisions. Article 2


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Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation. Article 3 Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. Convention 95 Article 1 In this Convention, the term wages means remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable in virtue of a written or unwritten contract of employment by an employer to an employed person for work done or to be done or for services rendered or to be rendered. Article 2 1. This Convention applies to all persons to whom wages are paid or payable. Article 3 1. Wages payable in money shall be paid only in legal tender, and payment in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender, shall be prohibited. 2. The competent authority may permit or prescribe the payment of wages by bank cheque or postal cheque or money order in cases in which payment in this manner is customary or is necessary because of special circumstances, or where a collective agreement or arbitration award so provides, or, where not so provided, with the consent of the worker concerned. Article 9 Any deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment, made by a worker to an employer or his representative or to any intermediary (such as a labour contractor or recruiter), shall be prohibited. Article 11 1. In the event of the bankruptcy or judicial liquidation of an undertaking, the workers employed therein shall be treated as privileged creditors either as regards wages due to them for service rendered during such a period prior to the bankruptcy or judicial liquidation as may be prescribed by national laws or regulations, or as regards wages up to a prescribed amount as may be determined by national laws or regulations.

2. Wages constituting a privileged debt shall be paid in full before ordinary creditors may establish any claim to a share of the assets.

3. The relative priority of wages constituting a privileged debt and other privileged debts shall be determined by national laws or regulations.


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Article 12 1. Wages shall be paid regularly. Except where other appropriate arrangements exist which ensure the payment of wages at regular intervals, the intervals for the payment of wages shall be prescribed by national laws or regulations or fixed by collective agreement or arbitration award.

2. Upon the termination of a contract of employment, a final settlement of all wages due shall be effected in accordance with national laws or regulations, collective agreement or arbitration award or, in the absence of any applicable law, regulation, agreement or award, within a reasonable period of time having regard to the terms of the contract.

C98 Right to Organise and Collective Bargaining Convention, 1949 Article 1 1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. 2. Such protection shall apply more particularly in respect of acts calculated to-- (a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership; (b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours. Article 2 1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration. 2. In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article. Article 3 Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise as defined in the preceding Articles. Article 4 Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements. C105 Abolition of Forced Labour Convention, 1957 Article 1


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Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labour-- (a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (b) as a method of mobilising and using labour for purposes of economic development; (c) as a means of labour discipline; (d) as a punishment for having participated in strikes; (e) as a means of racial, social, national or religious discrimination. Article 2 Each Member of the International Labour Organisation which ratifies this Convention undertakes to take effective measures to secure the immediate and complete abolition of forced or compulsory labour as specified in Article 1 of this Convention. ILO Convention 182 Child Labor Defining child labour Not all work done by children should be classified as child labour that is to be targeted for elimination. Children’s or adolescents’ participation in work that does not affect their health and personal development or interfere with their schooling, is generally regarded as being something positive. This includes activities such as helping their parents around the home, assisting in a family business or earning pocket money outside school hours and during school holidays. These kinds of activities contribute to children’s development and to the welfare of their families; they provide them with skills and experience, and help to prepare them to be productive members of society during their adult life. The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that:

• is mentally, physically, socially or morally dangerous and harmful to children; and • interferes with their schooling by:

o depriving them of the opportunity to attend school; o obliging them to leave school prematurely; or o requiring them to attempt to combine school attendance with excessively long and

heavy work. In its most extreme forms, child labour involves children being enslaved, separated from their families, exposed to serious hazards and illnesses and/or left to fend for themselves on the streets of large cities – often at a very early age. Whether or not particular forms of “work” can be called “child labour” depends on the child’s age, the type and hours of work performed, the conditions under which it is performed and the objectives pursued by individual countries. The answer varies from country to country, as well as among sectors within countries. And this about agriculture and child labor:


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It must be emphasized that not all work that children undertake in agriculture is bad for them or would qualify as work to be eliminated under the ILO Minimum Age Convention No. 138 or the Worst Forms of Child Labour Convention No. 182. Age-appropriate tasks that are of lower risk and do not interfere with a child’s schooling and leisure time, can be a normal part of growing up in a rural environment. Indeed, many types of work experience for children can be positive, providing them with practical and social skills for work as adults. Improved self-confidence, self-esteem and work skills are attributes often detected in young people engaged in some aspects of farm work. Agriculture, however, is one of the three most dangerous sectors in which to work at any age, along with construction and mining. Whether child labourers work on their parents' farms, are hired to work on the farms or plantations of others, or accompany their migrant farm-worker parents, the hazards and levels of risk they face can be worse than those for adult workers. Because children’s bodies and minds are still growing and developing, exposure to workplace hazards can be more devastating and long lasting for them, resulting in lifelong disabilities. Therefore the line between what is acceptable work and what is not is easily crossed. This problem is not restricted to developing countries but occurs in industrialized countries as well. Agriculture is also a sector where many children are effectively denied education which blights their future chances of escaping from the cycle of poverty by finding better jobs or becoming self-employed. The rural sector is often characterised by lack of schools, schools of variable quality, problems of retaining teachers in remote rural areas, lack of accessible education for children, poor/variable rates of rural school attendance, and lower standards of educational performance and achievement. Children may also have to walk long distances to and from school. Even where children are in education, school holidays are often built around the sowing and harvesting seasons. 3.6. The Universal Declaration of Human Rights The General Assembly of the United Nations passed this declaration on December 10, 1948.

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,


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Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1. • All human beings are born free and equal in dignity and rights. They are endowed with

reason and conscience and should act towards one another in a spirit of brotherhood. Article 2.

• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3. • Everyone has the right to life, liberty and security of person.

Article 4. • No one shall be held in slavery or servitude; slavery and the slave trade shall be

prohibited in all their forms. Article 5.

• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6. • Everyone has the right to recognition everywhere as a person before the law.

Article 7. • All are equal before the law and are entitled without any discrimination to equal

protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.


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Article 8. • Everyone has the right to an effective remedy by the competent national tribunals for acts

violating the fundamental rights granted him by the constitution or by law. Article 9.

• No one shall be subjected to arbitrary arrest, detention or exile. Article 10.

• Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11.

• (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

• (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12. • No one shall be subjected to arbitrary interference with his privacy, family, home or

correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13. • (1) Everyone has the right to freedom of movement and residence within the borders of

each state. • (2) Everyone has the right to leave any country, including his own, and to return to his

country. Article 14.

• (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15. • (1) Everyone has the right to a nationality. • (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change

his nationality. Article 16.

• (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

• (2) Marriage shall be entered into only with the free and full consent of the intending spouses.

• (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.


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Article 17. • (1) Everyone has the right to own property alone as well as in association with others. • (2) No one shall be arbitrarily deprived of his property.

Article 18. • Everyone has the right to freedom of thought, conscience and religion; this right includes

freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19. • Everyone has the right to freedom of opinion and expression; this right includes freedom

to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20. • (1) Everyone has the right to freedom of peaceful assembly and association. • (2) No one may be compelled to belong to an association.

Article 21. • (1) Everyone has the right to take part in the government of his country, directly or

through freely chosen representatives. • (2) Everyone has the right of equal access to public service in his country. • (3) The will of the people shall be the basis of the authority of government; this will shall

be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22. • Everyone, as a member of society, has the right to social security and is entitled to

realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23. • (1) Everyone has the right to work, to free choice of employment, to just and favourable

conditions of work and to protection against unemployment. • (2) Everyone, without any discrimination, has the right to equal pay for equal work. • (3) Everyone who works has the right to just and favourable remuneration ensuring for

himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

• (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24. • Everyone has the right to rest and leisure, including reasonable limitation of working

hours and periodic holidays with pay. Article 25.

• (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment,


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sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

• (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26. • (1) Everyone has the right to education. Education shall be free, at least in the elementary

and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

• (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

• (3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27. • (1) Everyone has the right freely to participate in the cultural life of the community, to

enjoy the arts and to share in scientific advancement and its benefits. • (2) Everyone has the right to the protection of the moral and material interests resulting

from any scientific, literary or artistic production of which he is the author. Article 28.

• Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29. • (1) Everyone has duties to the community in which alone the free and full development of

his personality is possible. • (2) In the exercise of his rights and freedoms, everyone shall be subject only to such

limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

• (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30. • Nothing in this Declaration may be interpreted as implying for any State, group or person

any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Agricultural Justice Project Toolkit of Materials and Resources for Farmers: Annexes.

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Annex 1: Reprint of Jill Krueger’s “Before you Sign on the Dotted Line…Questions for Farmers to Ask Before Entering a Direct Marketing Agreement,” 2005

© 2005 Farmers’ Legal Action Group, Inc. Web site: www.flaginc.org

Many farmers who have shifted to direct marketing their products pride themselves on their personal relationships with their buyers. These personal relationships are a real strength of the direct marketing movement. At the same time, as farmers increase the scope and sophistication of their direct marketing efforts, they may find that agreeing on a price and quantity with the buyer and shaking hands on the deal does not do enough to anticipate all of the questions that may arise later. The buyer may offer a written contract to the farmer, or the farmer may want to offer a written contract to the buyer. These materials help identify the questions that commonly arise when farmers enter into partnerships with buyers—whether they be wholesalers, cooperatives, restaurants, grocery stores and food co-ops, florists, or other farmers. Many farmers state that having a written contract gives them a greater sense of stability, and enables them to produce a business plan with greater confidence of its accuracy. What “counts” as a contract? Many producers have questions about whether an oral agreement “counts” as a contract. Parties are always free to carry out otherwise lawful oral agreements. Questions arise when one party wishes to force the other party to fulfill its promises. Some agreements must be in writing to be enforceable. In general, agreements that cannot be completed within one year must be in writing to be enforceable. A contract for the sale of goods of over $500 may need to be in writing in order to be enforceable. If the contract is subject to a rule requiring it be in writing in order to be enforced, there must be a written contract in order for a court to resolve any problems that arise. A written contract need not discuss all of the items discussed below. In general, a written contract should identify the parties to the contract, identify the subject matter and terms and conditions of the contract, including the price and quantity of goods to be exchanged. Does having a written contract mean the buyer and seller don’t trust one another? Some farmers who market their products fear that asking for written agreements will be received as an expression of mistrust. However, the main problem with oral agreements is not unfair or sharp business practices, but simple confusion and misunderstandings. Most disputes about contracts are the result of two basically honest parties having different needs and interests, which may lead to different understandings of the meaning of the agreement itself. These difficulties are compounded if the parties are forced to rely upon their memories of an oral agreement. Few people’s memories are good enough to recall all of the important details of an agreement. What is more, even the most honest and trusting relationships can change through no fault of the farmers or their buyers. Restaurants change hands or hire new chefs, distribution centers are closed. The list of possible problems is long. Keeping good records of dealings with buyers is a little like buying insurance. It is done not because farmers expect to have problems, or because they are eager to go to court, but because in the rare instance in which farmers do have serious problems with buyers, it will be extremely important to be able to prove exactly what the parties agreed to do. What are some other recordkeeping suggestions? It is a good idea to keep copies of all documents (such as invoices, packing lists, delivery logs, and payments) and note the date they were signed, sent, or received. Many buyers pay for agricultural products only after they have received an invoice. It is important for farmers to send invoices promptly. Some producers make a habit of writing a letter describing every important conversation with the buyer and keeping a copy for themselves. These letters may ask the buyer to respond in writing by a certain date if the buyer disagrees with anything the producer has said about the conversation. In order to verify that the letters were sent and received, some producers mail them by certified mail, return receipt requested, and keep evidence of the receipt. What should farmers look for in a contract proposed by the buyer?


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The best time for a producer to weigh the pros and cons of the contract being negotiated is before the producer borrows large sums of money, mortgages his or her farm and home, or foregoes other opportunities. Having a written contract to review emphasizes to the producer that an important decision-making stage has been reached. The first step in reviewing a contract is to read it carefully. Farmers should make sure that they know how the contract addresses the important issues that may arise. If there is any doubt about the meaning of contract terms, farmers should consult an attorney licensed to practice law in their state. After a contract is signed, a farmer should keep it with other important records. This way it can readily be referred to should any questions arise. Some farmers make a habit of re-reading their contracts regularly, even in the absence of any dispute. What if a farmer doesn’t want to agree to some of the terms in the contract the buyer offers? Many large buyers use pre-printed form contracts in their purchasing of agricultural products. Farmers may not wish to agree to some provisions in the form contract. It is perfectly acceptable for the farmer to ask the buyer whether those provisions can be taken out of the contract. The farmer’s negotiating power is usually greatest before signing the contract. If the buyer agrees to the farmer’s request, the provisions may be crossed out of both the buyer’s and seller’s copies of the contract. It is a good practice for each party to initial the place where the provision was crossed out on both copies. In the alternative, a new contract may be prepared. If the buyer does not agree to the changes requested by the farmer, the farmer must either accept or reject the contract as offered by the buyer. Can farmers write their own contracts to offer to the buyer? Yes. A contract need not be written by a lawyer in order to be valid. Simple language is often adequate. However, the contract should include all of the terms agreed to by the parties, and should include sufficiently detailed information to describe the parties’ agreement. Farmers may want to consult an attorney if it is their first time offering a written agreement, if the deal is particularly complicated, or if the deal is for a particularly large portion of the farming operation’s income. What does it mean to have an enforceable contract? An enforceable contract is one that meets all of the requirements of applicable state law and that would be recognized as binding in state court. In general, a person who wishes to enforce a contract must file an action in state court. If the court finds that buyers or sellers have not done what they agreed to do in the contract, the court will generally award the other party a remedy. Remedies for breach of contract vary. A court may order “specific performance,” in which a party that breached a contract is ordered to do what it said it would do. Or a court may order a party it finds has breached a contract to pay the other party money damages. In many cases, the court will ask whether the other party took steps to “mitigate the damage.” For example, if a farmer had a one-year contract for the sale of eggs, and the buyer breached the contract by stating it would not accept the eggs for the last six months of the contract, the court may ask for evidence that the farmer tried to find other buyers in order to reduce the harm suffered. Many farmers state that they would never sue their buyers. Most farmers would rather reach resolution of disputes outside of the courtroom, such as through negotiation or mediation. The costs of litigation—in terms of out-of-pocket costs and attorney fees, time, and damaged relationships—may be greater or less than the amounts that could be recovered. These are important considerations to take into account, and may counsel against taking a breach of contract dispute to court. Yet having a contract that could be enforced in court gives farmers more options and can actually assist farmers in resolving disputes without resorting to the court system. If the amount in dispute is relatively small, many states have small claims courts. The greatest advantage of reducing an agreement between buyer and seller to writing is probably not the ability to file a lawsuit, but in the disputes the practice prevents. Discussing a deal in detail helps both parties to identify misunderstandings and either resolve them or decide not to make the deal. Questions to Discuss with Your Buyers Listed below are some terms and conditions commonly addressed in contracts for the sale of agricultural products.


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Title and Purpose. A title can provide important information about the contract. For example, “Agreement for the Sale of 2005 Soybean Contract.” Contracts often include a brief statement of the purpose of the contract as well. Definitions. Many contracts define certain terms used in the contract. These are helpful if a term could be interpreted in more than one way. For example, does “cattle” refer only to Black Angus, or might Red Angus, Herefords, or Charlois be acceptable? If the contract is for the sale of “large” watermelons, what does that mean? If a “large” watermelon weighs 22 pounds, must every watermelon be exactly that size, or should the watermelons be an average of 22 pounds? Will the buyer accept some “small” watermelons? Is there a weight/size the buyer won’t accept? Parties. Most contracts identify the parties in some way. Must the products be supplied by a specific farmer or farming operation, or can an order be fulfilled by any member of a producer group? Assignment. Some contracts state that the buyer may freely assign the contract. This means that the buyer could be sold or merge with a larger company, and your contract would be transferred to the new owners. May the producer assign the contract, or must the buyer’s permission be obtained first? Quantity. A basic element of a contract for the sale of agricultural goods is quantity. This may be measure in bushels, pounds, acres, etc. A buyer’s statement that, “We’ll take everything you’ve got” can lead to disappointment for either party. What happens if the buyer’s market changes? Or the producer’s yield is unusually high or low? Price. Another basic element of a contract for the sale of agricultural goods is price. Prompt payment. When will the buyer make payment? If the buyer’s terms are 30 days net, when do the 30 days begin? Will the buyer make a partial payment in advance, or pay cash on delivery? If the buyer fails to pay promptly after delivery, will the buyer pay interest? Is the farmer protected by the federal Perishable Agricultural Commodities Act or Packers and Stockyards Act, or by any state laws? Length of the contract. Every contract should state how long it lasts, or how it may be ended. Farming Practices. Are there production deadlines? Do the farmer and buyer agree that certain farming practices must be used? Must the farm be certified organic, or have other third party certification? Does the producer agree to farming practices he or she can control, or does the contract commit the producer to results he or she may not be able to control? Compare a contract in which the producer agrees to plant seed that is certified as free of genetically modified organisms (GMO’s) and to take reasonable steps to prevent GMO drift onto his or her fields, to a contract in which the producer agrees to sell soybeans that are “GMO-free.” Quality. Does the buyer reserve the right to reject inferior products? Who decides if it’s an inferior product? If the buyer rejects the products, what happens to them? Will they be sent back to the producer? Who pays for shipping? Should the buyer try to sell them at a lower price? Grading and Weighing. Does the contract require products of a certain grade, or is payment based upon weight? If so, who will perform the grading or weighing? May others observe? Are there specifications for the type of scale to be used? Who will pay any costs for the grading or weighing? Packaging. How should the agricultural products be packaged? For example, if blueberries must be packaged in pint-sized clamshell containers, the producer’s costs for labor and supplies may result in a different price than if the blueberries are sold by the bushel. Processing. How should the agricultural products be processed? This is of particular concern for livestock producers, and is a key factor in pricing. Is the price for live weight? Hanging weight? Is it per pound of tenderloin or per pound of round roast? Delivery terms and schedule. Who is responsible for delivering and unloading the products? Will the buyer have someone present to provide access to suitable storage facilities? Shipping costs. Who pays for these? Are there special rules for rush orders? Losses in transit. Who pays for these? Natural Disaster losses. If the producer’s crop is damaged or destroyed as a result of a natural disaster, what happens? Must the producer make a payment to the buyer? Must the producer go and buy the products elsewhere? May the producer do so? Must the buyer go and try to buy the products elsewhere? May the buyer bill the producer for any higher costs associated with obtaining the substitute products? If applicable, the contract may also address losses associated with mechanical failures. Entirety clause. In general, if two parties enter into a written contract, it is assumed that all of the agreements reached by the parties are included in the contract. Some contracts include an “entirety


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clause,” which formally states that the written contract is the entire agreement between the parties. This means that oral statements related to the subject of the contract made by either party are generally not enforceable. Ending the contract. The contract may specify a date at which the contract ends. It may also state other ways it can be terminated and what notice is required before termination. Does each party have a way to terminate the contract? Some contracts provide that they may be terminated for any reason. Other contracts say that they may only be terminated for good cause. Renewing or renegotiating the contract. The contract may state how it can be renewed or modified. Changes to the contract should be made in writing and signed by both parties. Perhaps the price of seed or other supplies will change, or perhaps demand will increase or decrease. Alternative Dispute Resolution (ADR). Some contracts set out how any disagreements between the producer and the buyer must be handled. The contract may call for the use of Alternative Dispute Resolution, such as mediation or and arbitration. Mediation is an attractive option to some, because it employs a neutral third party to help the parties to discuss the disputed issue. This can help the parties resolve problems while preserving the relationship. Mediation is not binding, so if one or more of the parties are not satisfied, they may still take the dispute to court. What are some other sources of information? •Neil Hamilton, The Legal Guide for Direct Farm Marketing (1999). Includes “Hamilton’s Ten Rules of Contracting for Direct Farm Marketing” on pages 72-74. Hamilton is a professor at Drake Law School and Director of the Drake Agricultural Law Center. Prepared under a SARE grant from USDA. •Neil Hamilton, A Farmers’ Legal Guide to Production Contracts (1995). Published by Farm Journal. •Farmers’ Legal Action Group (FLAG) and others, Assessing the Impact of Integrator Practices on Contract Poultry Growers (Sept. 2001). Funded by a Fund for Rural America grant by the Cooperative State Research, Education and Extension Services of USDA. These materials provide legal, economic and social analysis of issues facing contract poultry growers. Available at http://www.flaginc.org/pubs/poultry.htm. •Iowa Attorney General, Grain Production Contract Checklist, Livestock Production Checklist, and Contracts. These are short and helpful lists of things that might be included in a contract. The web site also includes many marketing, production, and purchasing contracts. http://www.state.ia.us/government/ag/working_for_farmers/ contracts.html. •Christopher R. Kelley, Agricultural Production Contracts: Drafting Considerations, 18 Hamline Law Review 397 (1995). An excellent summary of legal issues from the perspective of an attorney. Written with lawyers in mind as the readers. Kelley is an agricultural law professor at the University of Arkansas. •Economic Research Service, USDA, Contracts, Markets, and Prices: Organizing the Production and Use of Agricultural Commodities. Available on the internet at www.ers.usda.gov. Agricultural Economic Report number 837 (2004). •USDA, Contracting in Agriculture: Making the Right Decision. Provides pros and cons of farmers contracting as well as ten legal rules about production contracts farmers should consider. Available at http://www.ams.usda.gov/contracting/ contracting.htm. •Appropriate Technology Transfer for Rural Areas (ATTRA) has many useful publications on marketing, business, and risk management. Check the Internet at http://www.attra.org. •Farmers Legal Action Group and Rural Advancement Foundation International—USA, (David Moeller and Michael Sligh) Farmers’ Guide to GMO’s (2004). May be ordered or downloaded on the internet at www.flaginc.org. •Farmers’ Legal Action Group, Farmers’ Guide to Disaster Assistance (Fifth edition, 2004). (Karen Krub and Jill Krueger) May be ordered or downloaded on the internet at www.flaginc.org. •Farmers Legal Action Group (Stephen Carpenter) What Are Your Terms (1999). Available on the internet at www.npsas.org/Contracts.html. This material is based upon work supported by the Cooperative State Research, Education, and Extension Service, U.S. Department of Agriculture, under Agreement No. 2001-49200-01238. Any opinions, findiings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the U.S. Department of Agriculture.